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Received a registered letter today - notice of a winding up order over a claim for reimbursments for monies I vigourously dispute for works we were interupted from completing and indeed starting some aspects. They say they have emailed me previously but this is the first repsonse i've received other than their initial claim which I replied to.
This is a follow on from a question I posed in Feb
Hello my name is ***** ***** I will help you with this.
Is this as a result of a CCJ?
Is it against you as an individual or a Company?
no, no ccj
The client sent his report on our work to me in Janauary stating his belief of the cost of works totalling around £1k having paid around £8K so demanded retun of the balance. I was sent a report from his consultant firm which was a mockery as it was highly inaccutate, i.e it condemend work we had not even started. No works were completed as they were in phases, with part payment throughout as agreed by the client in signed leter of instrution and payment terms. I replied to him stating this and remindinh him he asked us to leave site. He clashed with every trade I sent to the property being abusive to one in particular.
The notice of petition of winding up, as my accountants have just pointed out is not correctly addressed, is not written nor counter signed from a solictor or firm of legal representatives and not following any court action.
You are a firm?
Was it a statutory demand?
On a formal form?
Sorry Alex, unaware of replies. Yes I undertooke these works as a company hence their letter.Do not undertsand your query re stat demand or formal form?
Ok - the notice of winding up
Is that just a letter or on a formal document?
A headed letter from a chap from Deecon Consulting (co who complied the intial report in Jan) signed off as senior claims consultant
Ok - then you do not need to worry yet.
They need to serve a statutory demand.
Once a statutory demand has been served then you can apply to Court to set it aside.
This is where you show there is a genuine dispute.
Once the court sets it aside then the only option available to the creditor is to sue you in Court.
But you can reply back saying that you dispute the debt and say if they serve a statutory demand then you will apply to set aside.
But they must serve you first, then you can apply to set aside.
Can I clarify anything for you about this today please?
ok, thanks so ignore the volotile content of the letter re the fact they state it is not necessary for a 21 day 'stat demand' due to a stated case... and should I not make payment in full within the 7 days the nthe windimg up pettiton will be issued?
Dont make payment just write back and say you dispute it.
Therefore they need to serve a statutory demand
ok, still concenred as they seem quite sue of their need not to serve a demand as they state I have not contacted them?
I assume I need to look for a local solicitor to get prepared for the next episode?
Yes but all you need to show there is a genuine dispute to get it set aside/
Can I clarify anything else for you?
Yes, I have paid out in materials more than they state the value of works completed have been done. My labour costs were over £6k to date with invoices around £8k - total job was arounf £15k in completion. I now think this is not the frst time they have done this as the house had a lot of unfinished works which I queried why the original buder did not return
Exactly. Indeed i they try and sue you, you can counter claim for your losses!
Ok Thanks, ***** ***** conversation disclosable if required?
No, because you can say its between legal.
But you can disclose it if you wish
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ok thanks Alex, have a good day