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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was issued with a winding up petition by a creditor. I have

Customer Question

I was issued with a winding up petition by a creditor. I have an email from them stating "...following service of the petition upon the company we will in the absence of payment of the full amount due to our client to include their entitlement to legal costs as well as interest and compensation take the appropriate steps to advertise the petition..."

I have paid the debt in full, including costs, to the value shown on the petition.
Does this mean they will not advertise?
Does it mean they also cannot advertise?
If I get something in writing from them saying they will not advertise, will that suffice, or should I receive an official form?
If they do state they will not advertise, is it prudent for me to seek an injunction to stop it anyway, and how would I go about that?
Will the petition be cancelled?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you applied to set it aside please?
JACUSTOMER-wrhutegr- :

Hi Alex. No, I haven't. How would I go about doing that? What would be my reasons for doing that? Is there any reason why that would not be approved? The WUP was served on Friday, and I made full payment on Saturday, including fees.

JACUSTOMER-wrhutegr- :

Would doing that cancel it altogether and stop them advertising?

Alex Watts : Did you yet a statutory demand or bankruptcy petition please?
JACUSTOMER-wrhutegr- : No neither. It is a commercial debt between companies. I just got served with a winding up petition.
JACUSTOMER-wrhutegr- :

I would have answered sooner but it didn't send me an email. I will check this site through the day.

Alex Watts :

Yes - you should get a statutory demand first of all before a winding up petition.

Alex Watts :

This is because they must prove that the debt is owing.

Alex Watts :

Therefore they should issue this which you could have applied to set aside.

Alex Watts :

However in terms of the return date, there should be a Court date on it.

Alex Watts :

You need to attend Court and apply to have the petition dismissed.

Alex Watts :

Otherwise it could, although unlikely be granted.

Alex Watts :

But go to date on the documents and apply to have the petition dismissed.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

For more info please see: https://www.gov.uk/wind-up-a-company-that-owes-you-money

JACUSTOMER-wrhutegr- : Hi Alex. That doesn't really answer my
JACUSTOMER-wrhutegr- : hi Alex. That doesn't really answer my original questions. Please can you review them and provide a response?
Alex Watts :

Let me answer this one by one:

Alex Watts :

Does this mean they will not advertise? - They are required to advertise as part of the petition process

Alex Watts :

Does it mean they also cannot advertise? - They can advertise that you are being petitioned, but not that you have been wound up

Alex Watts :

If I get something in writing from them saying they will not advertise, will that suffice, or should I receive an official form? - Yes you can get this in writing. If you do and they do advertise then you can sue for breach of contract.

Alex Watts :

If they do state they will not advertise, is it prudent for me to seek an injunction to stop it anyway, and how would I go about that? - No because if they agree they will not and then do, you can sue for breach of contract and claim loss and damage as a result.

Alex Watts :

Does this answer all your questions for you?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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