How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Received a registered letter today - notice of a winding up

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is this as a result of a CCJ?

Alex Watts :

Is it against you as an individual or a Company?

Customer:

no, no ccj

Customer:

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.

Customer:

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.

Alex Watts :

You are a firm?

Alex Watts :

Was it a statutory demand?

Alex Watts :

On a formal form?

Customer:

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?

Alex Watts :

Ok - the notice of winding up

Alex Watts :

Is that just a letter or on a formal document?

Customer:

A headed letter from a chap from Deecon Consulting (co who complied the intial report in Jan) signed off as senior claims consultant

Alex Watts :

Ok - then you do not need to worry yet.

Alex Watts :

They need to serve a statutory demand.

Alex Watts :

Once a statutory demand has been served then you can apply to Court to set it aside.

Alex Watts :

This is where you show there is a genuine dispute.

Alex Watts :

Once the court sets it aside then the only option available to the creditor is to sue you in Court.

Alex Watts :

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.

Alex Watts :

But they must serve you first, then you can apply to set aside.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

Correct

Alex Watts :

Dont make payment just write back and say you dispute it.

Alex Watts :

Therefore they need to serve a statutory demand

Customer:

ok, still concenred as they seem quite sue of their need not to serve a demand as they state I have not contacted them?

Customer:

I assume I need to look for a local solicitor to get prepared for the next episode?

Alex Watts :

Yes but all you need to show there is a genuine dispute to get it set aside/

Alex Watts :

Can I clarify anything else for you?

Customer:

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

Alex Watts :

Exactly. Indeed i they try and sue you, you can counter claim for your losses!

Customer:

Ok Thanks, ***** ***** conversation disclosable if required?

Alex Watts :

No, because you can say its between legal.

Alex Watts :

But you can disclose it if you wish

Alex Watts :

If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok thanks Alex, have a good day

Ash and other Law Specialists are ready to help you

Related Law Questions