Draft winding up petitions result in payment of 4 out of 5 debts, so why wait on a statutory demand? Statutory demands, or stat demands, are usually the first stage of an insolvency process. It is a formal request for payment of an overdue debt and can be used against a company or an individual. The creditor serves it on the debtor, and sits back to wait for the money to come in.
'Wait' being the operative word here as the demand allows a full 21 days from the date of service for the debtor to pay up – and that's assuming they are both willing and able to pay. As such a stat demand is not always the quickest solution to payment problems and getting your debts paid – there's just not enough urgency behind it to grind the debtor into paying up quickly.
While in some cases, stat demands are the best option – for example, they are required for insolvency of individuals, in most cases, it's fair to say that a stat demand simply gives the debtor too much time. You have already waited beyond your payment terms for money due, chased, chased again, and again to no avail. Why offer a further 21 days on top of your usual payment terms – terms they have already blatantly flouted - when you could demand payment within 7 days and then take them to court if they still don't pay?
If the debtor has already used up the time allowed in your payments terms, showing no intention of paying or disputing the payment owed, a draft winding up petition against a company is usually the more effective solution for finally getting the outstanding invoice paid. Draft winding up petitions can give the debtor 7 days to pay. Added to this, it comes with a warning that if no payment is made, the petition will be presented to court as a request to dissolve the company which is clearly unable to pay its debts, in order for the creditor to recover the debt.
At Lovetts, we have found that when we issue draft winding up petitions on behalf of our clients to their debtor (not yet presented to court) – they have a remarkable success rate, prompting payment in 81% of cases.
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