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5 Day Demand Notice for the United Kingdom

5 Day Demand Notice Template for England and Wales

A 5 Day Demand Notice is a formal written document used in England and Wales to demand payment of an outstanding debt within five business days. It serves as a final warning before legal proceedings are initiated and typically includes details of the debt, payment requirements, and consequences of non-payment. This document forms part of the pre-action protocol under English law and can be an important step in debt recovery proceedings.

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5 Day Demand Notice

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What is a 5 Day Demand Notice?

The 5 Day Demand Notice is a crucial document in the debt recovery process under English and Welsh law. It is typically used when previous attempts to secure payment have failed and before initiating formal legal proceedings. The notice provides the debtor with a final opportunity to settle the outstanding amount while demonstrating the creditor's serious intention to pursue legal action. It must contain specific information including the exact amount owed, payment details, and clear consequences of non-payment. This document is particularly important as it can later serve as evidence that reasonable steps were taken to recover the debt before court proceedings.

What sections should be included in a 5 Day Demand Notice?

1. Sender Details: Full name and address of the creditor, including any reference numbers

2. Recipient Details: Full name and registered address of the debtor, including any reference numbers

3. Debt Details: Precise amount owed, including breakdown if applicable, and origin of debt

4. Payment Deadline: Clear statement that payment must be made within 5 days of the date of the notice

5. Payment Instructions: Specific details of how and where to make payment, including bank details if applicable

6. Consequences Statement: Statement of potential legal action if payment is not received within the specified timeframe

What sections are optional to include in a 5 Day Demand Notice?

1. Interest Calculation: Details of statutory interest applied under Late Payment of Commercial Debts (Interest) Act 1998

2. Late Payment Compensation: Fixed sum compensation details for commercial debts as per legislation

3. Previous Correspondence Reference: Reference to prior payment requests or correspondence regarding the debt

What schedules should be included in a 5 Day Demand Notice?

1. Statement of Account: Detailed breakdown of the debt amount including dates and specific charges

2. Original Invoices: Copies of relevant invoices evidencing the debt

3. Contract Extract: Relevant excerpts from contracts or agreements showing payment obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Demand Letter

Sector

Marketing

Cost

Free to use
Relevant legal definitions











Clauses












Industries

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing statutory right to claim interest and compensation for late payment in commercial transactions

Insolvency Act 1986: Key legislation regarding inability to pay debts, statutory demands, and insolvency proceedings, particularly Section 123

Civil Procedure Rules (CPR): Rules governing service of notices, pre-action protocols, and formal requirements for demands in civil proceedings

Limitation Act 1980: Legislation establishing time limits for bringing claims and determining whether debts are statute-barred

Common Law Contract Principles: Fundamental legal principles regarding valid demands and breach of contract under English common law

Companies Act 2006: Legislation governing requirements for registered offices and service requirements when dealing with companies

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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