WINDING UP PROCEEDINGS

Winding Up Proceedings

An insolvency proceeding is a process taken when an organisation or individual are no longer able to meet their financial obligations and pay their creditors when debts are due and usually take place after less formal arrangements have failed and can be the result of bad financial management, changing market trends, heightened expenses and reduced income.

Winding-up proceedings can begin if the debtor company owes more than £750 and are not disputing the debt. This process is known as compulsory liquidation. The first step in the process is for you as a creditor to serve on the debtor a formal demand for payment either in the form of a statutory demand or a fully compliant letter.

If payment isn’t made in accordance with the time set out in the demand for payment then a Winding-up Petition can be sent to court. A Winding-up Petition is a formal document and once issued the court will give it a unique number and it will undergo a non-attended review approximately 6 weeks after the Winding-up Petition has been presented to court. 

As a Creditor you must serve the Petition on the debtor company usually at it`s Registered Office. You are not allowed to Advertise the Winding-up Petition until after the Non-Attended review, the court will issue a date and time for the hearing of the Winding-up Petition. 

If successful, the debtor business will be closed and the appointment of a Liquidator will follow.

If the debtor business wishes to avoid Winding-up then it must agree to and pay before the hearing both the petition debt and the associated costs. 

How Athena Debt Recovery Can Help

  • Your debt is treated as if it were money owed to us, and we collect it as quickly as possible
  • We can call on and you can draw on the additional expertise of our Commercial litigation and Insolvency teams
  • We are approachable, commercial and always happy to discuss individual matters
  • You can rely on our use of the latest technology to ensure an efficient and reliable service
  • We can increase your recoveries by working smarter

The recovery of  debts is extremely important to avoid financial pressure of your business. 

We offer a range of services to help you do this and a highly skilled team of commercial debt recovery lawyers who specialise in Pre-Action Collection, Court Proceedings, Enforcement of Judgments, Bankruptcy and Winding Up and Foreign Debt Collection.

We offer a competitive quality debt recovery service for general debt matters. 

We also provide a bespoke service for difficult debts or where insolvency proceedings are appropriate. 

We can undertake bulk recoveries or debt portfolios.

About the author

Iain Bould

Senior litigation executive and manager

Iain is a senior litigation executive and manager of Athena Debt Recovery which is part of the firm’s commercial litigation department supervised by our head of commercial litigation partner Stephen Boyd.

Iain has over 28 years’ experience in Commercial Debt Recovery having worked in both Private Practice and Industry and has extensive experience working across all industry sectors and has a particular expertise in working with Insolvency Practitioners in advising and recovering outstanding insolvent company ledgers.

Iain brings a pragmatic and commercial approach to recovering debts.

Contact us for a free consultation

If you need any advice or further information regarding this article, please contact us.  

We offer a free initial consultation and if clients have a viable claim, we offer a variety of retainer options including no win – no fee arrangements.  

Every case or potential case will be assessed, on its own merits.

If you have found this article interesting and would like to learn more about how Athena Law can help you please feel free to contact the writer, Iain Bould, at iain.bould@athenadr.co.uk or via the contact page on the website.

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