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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15408
Experience:  Senior Associate Solicitor
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I need to know which demand I need to use either 123(1) (a)

Customer Question

I need to know which demand I need to use either 123(1) (a) or 222 (1) (a)
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: issued invoices and asked for payments plenty of times
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i don’t think so
Submitted: 7 days ago.
Category: Law
Expert:  JimLawyer replied 7 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 7 days ago.

You are referring to a statutory demand - you can use it against a company if they owe you £750 or more.

The form refers to both sections 123 and 222 of the Insolvency Act 1986. The former applies to a registered (limited) company, i.e. one which is registered under the Companies Act 2006 and has director(s) - you can check if they are one of these by going to this site: http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo
The S.222 reference is for a debtor which is an unregistered company/organisation, so it could be a Limited Liability Partnership (LLP), for example.

The form is here: https://www.gov.uk/government/publications/demand-immediate-payment-of-a-debt-from-a-limited-company-form-sd1

Expert:  JimLawyer replied 7 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 7 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 7 days ago.
Hi, that’s great thanks, it’s how I read it but wanted to clarify before serving.
Expert:  JimLawyer replied 7 days ago.

No problem, many thanks, ***** ***** good evening.