HOW TO PROVE SERVICE OF A STATUTORY DEMAND - CERTIFICATES, STATEMENTS & SWORN EVIDENCE
- Tracenet Legal Services
- Jun 23
- 5 min read
INTRODUCTION
Serving a statutory demand is a powerful debt recovery step — but proving it was served correctly is what actually unlocks your right to escalate to bankruptcy or winding-up. Without robust proof, your demand may be challenged, set aside, or your petition thrown out.
Tracenet Legal Services, as the UK’s trusted process server, provides creditors and solicitors with court-compliant Certificates of Service, detailed Statements of Attempts, and sworn evidence where required — ensuring your statutory demands stand up to scrutiny.
👉 For the fundamentals, see our page: How to Serve a Statutory Demand
We serve Statutory Demands, Nationwide.
Telephone 0800 048 5684 or Request a Quote
Contents
Why Proof of Service is Crucial in Insolvency Proceedings
Why it matters:
It’s the creditor’s burden to show the demand was properly served.
Courts strictly enforce CPR Part 6 and the Insolvency (England and Wales) Rules 2016.
Debtors commonly argue they didn’t receive the demand — clear, professional proof defeats this tactic.
A weak or incomplete Certificate is one of the fastest ways to undermine a creditor’s position.
Legal Framework: Insolvency Rules and CPR Part 6
Key sources:
Insolvency Act 1986
Insolvency (England and Wales) Rules 2016:
e.g., Rules 10.1 to 10.3 (individuals) and 7.5–7.9 (companies).
CPR Part 6:
CPR 6.17 — Certificate of Service required if relying on personal service.
CPR 6.15 — alternative service, supported by a Statement of Attempts.
CPR 6.27 — service disputes.
Courts cross-check that your Certificate and any supporting statements meet these standards.
Types of Proof: Certificate of Service, Statement of Attempts, Sworn Affidavit
✅ Certificate of Service
Used for:
Every successful straightforward service by Tracenet’s process server.
Includes:
Debtor’s full name & address.
Exact date, time, and location.
Method (personal hand delivery, at registered office, etc.).
Server’s details & signature.
A clear Statement of Truth confirming facts are true to best knowledge.
Accepted by all UK insolvency courts.
✅ Statement of Attempts
Used for:
When multiple attempts were needed before success, or if personal service fails and substituted service (Crave Leave) must be applied for.
Includes:
A chronological log: dates, times, locations, door knocks, conversations.
Details of Letters of Appointment left.
Local checks confirming residency.
Ends with a Statement of Truth.
This document shows the court that reasonable diligence was exercised.
✅ Sworn Affidavit (or Notarised Affidavit)
Used for:
Where the court specifically requires sworn evidence.
For high-value, contested petitions.
For service abroad (may require notarisation).
Prepared by Tracenet on request and sworn before a solicitor or Commissioner for Oaths.
Drafting a Compliant Certificate of Service (Sample Elements)
A best-practice Certificate of Service from Tracenet includes:
Example elements:
Header: “Certificate of Service of Statutory Demand”
Parties: Creditor & Debtor names, addresses.
Date of Service: DD/MM/YYYY.
Time: Precise time, e.g., “08:15 AM”.
Method: e.g., “Personally served at the debtor’s usual residence”.
Server’s Declaration: Detailed factual statement.
Statement of Truth: “I believe that the facts stated in this Certificate are true.”
Signature & Date: Server’s handwritten signature, full name, and contact details.
This level of detail stops challenges before they start.
When and How to Use a Statement of Attempts
When:
Multiple visits over varying times.
Debtor evading or refusing contact.
Neighbours confirm residence but no contact.
Preparing for Crave Leave application.
How Tracenet does it:
We record each attempt precisely, with time stamps and observations.
If personal service later succeeds, the Statement stays on file for future disputes.
If personal service fails, we supply it with your solicitor’s Crave Leave application.
7. When a Sworn or Notarised Affidavit is Needed
Examples:
High-value insolvency petitions where the court expects sworn evidence.
Debtor has legal representation likely to challenge service.
International service or cross-border enforcement.
Tracenet’s process servers prepare affidavits efficiently — saving your legal team time.
8. Practical Pitfalls and How Tracenet Avoids Them
Pitfall 1: Vague or incomplete Certificates
Our fix: Detailed, signed, with a Statement of Truth.
Pitfall 2: Lack of timeline when service is difficult
Our fix: Clear Statement of Attempts, Letters of Appointment, photographic evidence if needed.
Pitfall 3: Using general staff instead of a trained process server
Our fix: Only experienced Tracenet servers handle statutory demands — nationwide.
9. Real-World Example
A commercial supplier instructed Tracenet to serve a statutory demand on an evasive director owing £65,000. Our process server made six attempts, confirmed residency with neighbours, left a Letter of Appointment, and recorded all visits. Personal service succeeded on the seventh attempt. The Certificate of Service and backup Statement of Attempts defeated the debtor’s non-receipt defence, and the creditor’s winding-up petition proceeded smoothly.
Extended FAQs
1️⃣ Who signs the Certificate?
Only the Tracenet process server who physically served the demand.
2️⃣ Is a Statement of Attempts always needed?
No — only when multiple attempts are made or service fails.
3️⃣ Is an Affidavit the same as a Certificate?
No — an Affidavit is sworn before a solicitor or commisioner for oaths, a Certificate is a signed factual statement with a Statement of Truth.
4️⃣ Can I serve by post and just keep a receipt?
Risky — the court wants reliable evidence. Personal service with a Certificate is always stronger.
5️⃣ What happens if the debtor lies about non-receipt?
A proper Certificate and or Statement of Attempts easily defeat this.
6️⃣ How quickly can I get proof?
Tracenet provides the Certificate within 24 hours of confirmed service.
7️⃣ What if I need it sworn urgently?
We prepare sworn or notarised affidavits on request.
8️⃣ What is a Statement of Truth?
A legal declaration that the facts are true — making the Certificate or Statement CPR-compliant.
9️⃣ How does this help with Crave Leave?
Your solicitor uses the Statement of Attempts to prove genuine effort to serve, satisfying the court.
🔟 How do I instruct Tracenet?
Call 0800 048 5684 — we handle nationwide instructions with guaranteed compliance.
11. Conclusion: Why Use a Trusted Process Server
Proving service properly protects your statutory demand — and your reputation. Using an experienced, UK-wide process server like Tracenet ensures every statutory demand instruction is delivered, documented and defended correctly.
👉 For more, read our hub guide: How to Serve a Statutory Demand
Welcome to Tracenet Legal Services. Since 2015, we have managed and effected the service of thousands of Statutory Demands upon debtors across the Country.
We are a multi-award-winning and industry-leading UK Process Server of Statutory Demands, providing Business-to-Business Support, Litigation, and Insolvency Support Services to UK Debt Recovery professionals and Legal Teams.
If you need assistance in serving a Statutory Demand upon an Individual or Company, please call us on 0800 048 5684 or contact us for a fixed fee, Nationwide service.
Useful Weblinks
We serve Statutory Demands, Nationwide.
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