Winding-up Petitions

If you are owed more than £750 from a company and the debt is undisputed, you can ask the court to liquidate the company. Once a winding-up petition has been advertised in the London Gazette, the company’s bank will freeze the account causing serious problems for the company as well as alerting other creditors to support the Petition.

Directors lose control of the company’s finances to a liquidator and remain personally responsible for any personal guarantees given. In specific industries, the directors can be banned from operating in that trade for a period of time.

A winding-up petition should not be used as a debt recovery tool for disputed debts; however, it applies pressure on the directors like no other and puts them under immediate pressure to settle the debt. We are skilled in identifying whether this is the best course of action for you to recover your debt.

Pricing for debt recovery up to £100,000

Court Claims

These costs apply where your claim is in relation to an unpaid invoice (business to business) which is not disputed and enforcement action is not needed. If the other party (the debtor) disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one-off letter is required), or an hourly rate if more extensive work is needed.

Anyone wishing to proceed with a claim should note that:

• The VAT element of our fee cannot be reclaimed from your debtor.
• Interest and compensation may take the debt into a higher banding, with a higher cost.
• The court fee maybe more if it is not issued through Money Claims Online.
• Not all of our fees are recoverable from the debtor.
• The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

Our fee includes:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before action
• Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing a claim
• Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgment in default
• When Judgment in default is received, write to the other side to request payment
• If payment is not received within 14 days, providing you with advice on the next steps and likely costs

Matters usually take 4 -8 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgment in default. If enforcement action is needed, the matter will take longer to resolve.