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Creditors vulnerable without winding-up petitions

Creditors are vulnerable without statutory demands and winding-up petitions

The UK Government’s decision to extend the temporary restrictions on statutory demands and winding-up petitions for Covid-19 related debts until 31 December 2020 offers some reprieve for hundreds of thousands SMEs. However, statutory demands and winding-up petitions are essential to debt enforcement and insolvency proceedings. Consequently, it’s difficult to fathom how prohibiting creditors from engaging…

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Why statutory demands and petitions are essential

It can be argued that by restricting the filing of statutory demands and winding up petitions for Covid-19-realted debts, the Government has targeted all industry sectors with a blunt instrument. Covid-19 did not adversely affect every business in Britain. Indeed, many continued to operate throughout the lockdown period, and some of them thrived. We need…

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Congested courts the only option for debt enforcement

While the restricted use of statutory demands and winding-up petitions will provide a lifeline for many struggling companies, the move also forces creditors chasing overdue debts into an already overburdened court system. As it stands, the only remedy to enforce payment of a debt is through a High Court enforcement officer. You may send out…

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Stat demands and winding-up petitions post Covid-19

• Statutory demands and winding-up petitions have been temporarily suspended to help kick-start the economy

The Government’s decision to suspend the filing of Statutory Demands and Winding-up Petitions is a huge blow for creditors seeking to collect payment of outstanding debts. As a result of the Corporate Insolvency and Governance Act, a creditor’s only debt enforcement remedies are through the county court via either a bailiff or a third-party debt…

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Mistakes to avoid when issuing a Winding Up Petition

When issuing a Winding Up Petition, it’s integral that every piece of information that identifies the company is correct. To be successful, your application must include the following accurate information: Company name Registered office address Company registration number information Shareholder information (aggregate number and value of issued and paid up share capital). A lot of…

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Stat Ds and undisputed, but overdue invoices

Issuing a Statutory Demand (or Stat D) is an effective way to encourage prompt payment of overdue invoices and debts, but it’s not the only method. A Stat D is a formal document requesting payment of an outstanding debt within 21 days. By issuing one, you give creditors another 3 weeks to pay a debt…

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