Winding Up Petitions
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…
Read MoreStat demands and winding-up petitions post Covid-19
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…
Read MoreMistakes 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…
Read MoreStat 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…
Read MoreCCJs, winding-up petitions and undisputed debts
Sometimes, you may need to issue a County Court Judgment (CCJ) or a Winding-Up Petition on an insolvent company that owes you money. But what’s the difference? County Court Judgments usually come about when a company refuses to pay an overdue debt. The creditor (claimant) who’s owed money commences proceedings by visiting the Government’s website,…
Read MoreHow to react to a HMRC winding-up order
Being served with a Winding-up Petition from Her Majesty’s Revenue and Customs (HMRC) is a daunting prospect that requires a swift response. If you receive a petition, HMRC will obtain a court order forcing your company into Compulsory Liquidation unless you pay the taxes you owe. According to the Insolvency Rules of England and Wales…
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