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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company is in dispute over a £10,000 part of a £60,000 recruitment

Customer Question

My company is in dispute over a £10,000 part of a £60,000 recruitment fee. After being unable to reach an agreement, the other side now say that they will issue a winding up order. Is that an appropriate first step for them to take and how should we respond to it if they do it?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 : They can try but you can apply to the court to set it aside on the basis there is a genuine dispute.
Alex Watts : Winding up orders are generally where there is a ccj or the debt is not disputed.
Alex Watts : The proper course of action is to issue a claim in the county court.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

No that is exactly as required. Tjakns

Customer:

Thanks.

Alex Watts : Great. If I could invite you to rate my answer before you go today.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need further help please do say.
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Customer: replied 3 years ago.

Hi Alex, assuming they apply for a winding up order and we then applied (and succeeded) in having it set aside as you say, would they be liable for this element of the costs - no matter how the dispute was eventually resolved - on the basis that this was not the proper course of action?

Expert:  Ash replied 3 years ago.
If you succeed then they would be liable for your costs.

The application is heard in isolation to any trial.

Does this help?

Alex
Customer: replied 3 years ago.

Yes that is fine. Thanks.

Expert:  Ash replied 3 years ago.
Great, all the best,

Alex