Rule 6.8 Identification of debtI1
England and Wales
There shall be stated in the petition, with reference to every debt in respect of which it is presented—
the amount of the debt, the consideration for it (or, if there is no consideration, the way in which it arises) and the fact that it is owed to the petitioner;
when the debt was incurred or became due;
if the amount of the debt includes—
any charge by way of interest not previously notified to the debtor as a liability of his, or
any other charge accruing from time to time,
the amount or rate of the charge (separately identified) and the grounds on which it is claimed to form part of the debt F1, provided that such amount or rate must, in the case of a petition based on a statutory demand, be limited to that claimed in that demand;
either—
that the debt is for a liquidated sum payable immediately, and the debtor appears to be unable to pay it, or
that the debt is for a liquidated sum payable at some certain, future time (that time to be specified), and the debtor appears to have no reasonable prospect of being able to pay it,
and, in either case (subject to section 269) that the debt is unsecured.
Where the debt is one for which, under section 268, a statutory demand must have been served on the debtor—
there shall be specified the date and manner of service of the statutory demand, and
it shall be stated that, to the best of the creditor's knowledge and belief—
the demand has been neither complied with nor set aside in accordance with the Rules, and
no application to set it aside is outstanding.
If the case is within section 268(1)(b) (debt arising under judgment or order of court; execution returned unsatisfied), the court from which the execution or other process issued shall be specified, and particulars shall be given relating to the return.
Annotations
Textual amendments
- F1
Words in rule 6.8(1)(c) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 91