DMBM671750 - Summary warrant: Transfer of cases for bankruptcy action

If the charge to pay and subsequent diligence is unsuccessful and the debt remains outstanding follow the Quality Gateway check to ensure the case is appropriate for transfer to Enforcement and Insolvency Service (EIS) for insolvency action.

Action to take if the debt shown on the charge to pay has reduced

If the debt on the charge to pay has reduced but remains over £3,000 and there is now additional debt that brings the total debt to more than £5,000 then the case can be referred to EIS for insolvency action.

If the debt on the charge to pay has reduced to below £3,000 then this cannot be referred to EIS even where there is additional debt brining the total to more then £5,000. The debt should be linked with the further debt and the summary warrant process followed for the total debt.

Case suitable for transfer to EIS

If the case is appropriate for transfer for an individual or partnership case issue

• EIS referral checklist
• SA statement and/or BROCS printout taken at the initial stage of preparing the case for summary warrant and revised printout (if appropriate) taken at charge to pay stage (direct tax) or statement of debt (indirect tax)
• certificate of execution of the charge to pay
• copy C96 and
• printed individual entry from C95 schedule.

The C95 and C96 must be endorsed, by an officer grade or above, with the following

• the words “certified a true copy”
• their signature
• their job title and
• the date.

More guidance on transferring cases to EIS can be found at DMBM685000.