Hallmark Solicitors
☎ 0800 037 1305✉ enquiries@hallmarksolicitors.co.uk

Issue a Winding Up Petition Against a Company That Will Not Pay

When a company ignores an undisputed debt, the decision to issue a winding up petition is often the quickest route to payment. We act for creditors from the first review to the final hearing. Before you commit, we tell you plainly whether a petition is the right step.

How we help our clients

We begin with initial guidance and an assessment based on a review of your papers: the invoices, any statutory demand or judgment, and your correspondence with the company. Once we are satisfied that we can make a difference, we send you an engagement letter setting out your objectives, the scope of work agreed and the best cost information available to us at the time of instructions. Once that is agreed, we begin onboarding and get to work.

From then on you can expect attentive, skilled and energetic assistance. We fight hard for our clients, with unstinting and unwavering loyalty, to help them achieve their objectives.

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When a creditor can petition

You can present a winding-up petition if the company owes you at least £750 and it is unable to pay its debts. That is usually shown by one of the following:

  • a statutory demand that has gone unpaid for 21 days;
  • a judgment that remains unpaid after enforcement has been attempted;
  • other evidence that the company cannot pay its debts as they fall due.

The debt must not be genuinely disputed on substantial grounds. Petitioning on a disputed debt is treated as an abuse of process and can leave the creditor paying the company's costs. A petition is also a collective remedy: if the company is wound up, a liquidator deals with all creditors, so we consider whether it will actually get you paid.

The petition process step by step

  1. Pre-petition review. We confirm the debt and the evidence, and search for any existing petition against the company.
  2. Preparation and presentation. We draft the petition and supporting statement and file them at court with the court fee and the Official Receiver's deposit.
  3. Service. The petition is served on the company, normally at its registered office.
  4. Advertisement. The petition is advertised in The Gazette before the hearing, as the Insolvency Rules require.
  5. Hearing. The court can make a winding-up order, adjourn the petition or dismiss it.

Many companies pay before the hearing, because a petition threatens their bank account and their future. If the company pays, we deal with the dismissal of the petition and seek your costs where possible.

Common questions

How much does it cost to issue a winding up petition?

There is a court fee and a deposit paid to the Official Receiver, plus our professional fees. We confirm the current figures and give you a fee estimate before you instruct us.

How long does a winding up petition take?

A hearing is usually listed several weeks after the petition is presented. Many debts are paid within that period.

What if other creditors join the petition?

Other creditors can support the petition. If the company pays you but owes others, another creditor may take over the petition. If a winding-up order is made, the liquidator deals with all creditors' claims.

Owed money by a company that will not pay? Request a call back using the form, or call 0800 037 1305 (international callers +44 1482 616 616).

How We Act for Creditors

We check your position first, so you only take this step when it is right to do so.

Pre-petition review

We confirm the debt is undisputed and at least £750, and that a statutory demand or unsatisfied judgment is in place.

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Presenting and serving the petition

We prepare and present the petition, serve it on the company and deal with advertisement and court formalities.

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Hearing and payment

Many debtors pay before the hearing. If not, we attend and seek a winding-up order.

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Urgent same-day response

Time matters. We review new matters the same working day and tell you plainly what can be done.

Court representation

We prepare your evidence and represent your company at hearings in the courts of England & Wales.

Fees agreed in writing

You know the cost before any work starts. Fixed fees are available for many stages.

Uche Akali, Head of Corporate Legal Services
Uche Akali – Head of Corporate Legal Services

About Hallmark Solicitors

Hallmark is a commercial law firm with offices in London, Leeds and Kingston upon Hull, and a consulting office in New York. Our highly qualified lawyers are experts in their field and are genuinely committed to excellence in every aspect of their work, providing clients with a timely, cost-effective and highly personalised solution.

We take time to understand our clients’ problems, aims and objectives in order to provide an effective and responsive service. We take a results-based approach, telling clients what is realistic and attainable so they can make an informed decision.

  • Part of the Society of English and American Lawyers (SEAL)
  • Pragmatic, focused and proactive advice
  • Careful and accurate research of complex issues
  • Detailed and determined approach to case preparation
  • Authorised and regulated by the Solicitors Regulation Authority (SRA No. 499161)
20+Years’ experience
4Offices in the UK and USA
24hWe aim to reply within one working day

What our clients say

Hallmark Solicitors – the professionals

I can recommend Uche Akali as a first-rate Commercial Solicitor who has acted for my Company with regard to major property Conveyancing. Uche not only has the negotiating skills needed but combines these skills with the attention to the legal and administrative thoroughness required. When I first worked with Uche she was based in Leeds and I regard her move to Hull as a major asset to this area. We will certainly be using her Firm, Hallmark Solicitors as our preferred Company Solicitor in the future.Rowland Bridgewater, Director, Train 4 Food Ltd

Amazing service

After being in business for 17 years it is refreshing to find a professional who has the flair of a commercial individual with the insight of the law. After working with Uche for the past 5 years I have found her and her company that she represents to be professional, courteous, and hard working. I highly recommend her company and take this opportunity to pass on my thanks for all her help and understanding.Mr R Handa, OPH Group

Speak to a solicitor today

Business clients only. Fees agreed in writing before any work starts.

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