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Continue Trading Insolvency Solutions Protect Director

Stop Winding Up Petitions
Cancel Statutory Demands
Avert Losses by Distraint

 

Even a very successful company can sometimes face with hostile action by HMRC. Landlord or Trade Creditors They issue a Statutory Demand or send Agents or Bailiffs to Distrain on the Company Assets, or -most dangerous -they issue a Winding Up Petition.

Insolvency Solutions applies its experience to interrupt these actions, dispute them, negotiate affordable payment plans, or just delay creditor action for long enough for you to control the outcome. You may wish to inject new funding, or propose a CVA, or close your company safely with a positively managed CVL, and perhaps need us to arrange legal transfer to a new, debt free, company, keeping your assets and customers.

STOP WINDING UP PETITION

If you receive a Winding Up Petition, ask Insolvency Solutions to act immediately to get it withdrawn, or its advertising postponed.

WHY IS ACTION SO URGENT?

Once the Petition is advertised in the “Gazette” with a hearing date, this will freeze the company bank account, prevent any sale of assets and force trading to stop immediately until the date of the hearing. Even if the Petitioner themselves wish to stop this, they cannot. This is because the act of advertising invites all other company creditors to join for the hearing. For special circumstances where it may be possible to apply to Rescind the freezing of your bank account, please call to discuss.

If granted, a Winding Up Order will close the company compulsorily. Control over its affairs passes to the Official Receiver who will investigate Director conduct for potential Disqualification and Personal Liability for the Company Debts and appoint a Liquidator to sell any assets to the benefit of Creditors .

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HOW TO AVERT AN ORDER?

There are several routes by which we oppose Petitions and persuade the Petitioner to not advertise but pause and negotiate. One is to argue that it is not an undisputed debt and the WUP is not valid. This is important as wrongly issued Petition can give you a claim for damages against the Claimant. Another example is to have them realise that the result may gain them no monies at all – only added legal costs.

If the Petition is already advertised, we DO still have routes to prevent the actual making of a Winding Up Order and avoid worst consequences. These will vary according to circumstances, such as the position of other Creditors, whether you wish to continue trading, or would prefer to effect a voluntary insolvency action such as a CVA or CVL which can vacate the Hearing altogether.

The Devil is in the Detail ! Call to discuss ways we can prevent your particular creditor advertising a Petition, or, if it has been advertised, the best way to deal with the matter prior to the Hearing

Stop Winding Up Petitions

Cancel Statutory Demands

Avert Losses by Distraint

Even a successful company can sometimes face with hostile action by HMRC. Landlord or Trade Creditors They issue a Statutory Demand or send Agents or Bailiffs to Distrain on the Company Assets, or -most dangerous -they issue a Winding Up Petition.

Insolvency Solutions applies its experience to interrupt these actions, dispute them, negotiate affordable payment plans, or just delay creditor action for long enough for you to control the outcome. You may wish to inject new funding, or propose a CVA, or close your company safely with a positively managed CVL, and perhaps need us to arrange legal transfer to a new, debt free, company, keeping your assets and customers.

STOP WINDING UP PETITION

If you receive a Winding Up Petition, ask Insolvency Solutions to act immediately to get it withdrawn, or its advertising postponed.

WHY IS ACTION SO URGENT?

Once the Petition is advertised in the “Gazette” with a hearing date, this will freeze the company bank account, prevent any sale of assets and force trading to stop immediately until the date of the hearing. Even if the Petitioner themselves wish to stop this, they cannot. This is because the act of advertising invites all other company creditors to join for the hearing. For special circumstances where it may be possible to apply to Rescind the freezing of your bank account, please call to discuss.

If granted, a Winding Up Order will close the company compulsorily Control over its affairs passes to the Official Receiver who will investigate Director conduct for potential Disqualification and Personal Liability for the Company Debts and appoint a Liquidator to sell any assets to the benefit of Creditors .

HOW TO AVERT AN ORDER?

There are several routes by which we oppose Petitions and persuade the Petitioner to not advertise but pause and negotiate. One is to argue that it is not an undisputed debt and the WUP is not valid. This is important as wrongly issued Petition can give you a claim for damages against the Claimant. Another example is to have them realise that the result may gain them no monies at all – only added legal costs.

If the Petition is already advertised, we do still have routes to prevent the actual making of a Winding Up Order and avoid worst consequences. These will vary according to circumstances, such as the position of other Creditors, whether you wish to continue trading, or would prefer to effect a voluntary insolvency action such as a CVA or CVL which can vacate the Hearing altogether.

The Devil is in the Detail ! Call to discuss ways we can prevent your particular creditor advertising a Petition, or, if it has been advertised, the best way to deal with the matter prior to the Hearing.

CANCEL STATUTORY DEMAND

If your Company is served with a formal Demand it will give you only 21 days to pay the amount claimed, negotiate its withdrawal or apply to the High Court for an injunction to restrain the Creditor from serving a Winding Up Petition.

A Demand may be presented for any debt in excess of £750, if not paid in accordance with accepted invoice terms and provided it is a genuine, undisputed, debt. Defence via Injunction must show it is false, disputed, or not yet due and company is solvent.

Our route in Defending Clients is to first tackle the Claimant or their solicitors immediately to achieve voluntary withdrawal but otherwise commence formal counteraction without delay. Both HMRC and other non-secured Creditors are normally much more willing to make a negotiated settlement than go ahead with Winding Up. Why? – they cannot control how their claim will fare amid other creditors.

Every case is unique. We will happily look at the full details of your particular situation and then, if you wish, take fast defensive action on your behalf.

AVERT LOSSES FROM DISTRAINT

There are many different forms of distraint action – from HMRC to Landlords to Court Bailiffs enforcing a Court Judgment. They have in common that it is only the COMPANY’s assets (including vehicle, furniture, stocks, finished goods ) that are to be seized and sold unless the debt is satisfied.

An advantage is that in almost all circumstances you have to be given notice of attendance and our assistance often includes discussion of what items may belong to 3rd parties or may be subject to continued ownership by suppliers until sold. There are also strict laws inhibiting entry by Bailiffs to Company offices without invitation.

We examine detail carefully with you to determine best defence (other than outright payment of claim!) and pre-notify Creditors and Agents of inhibiting factors (e.g no assets at all , or vehicles are on lease, or goods subject to retention of title). This again maximises the opportunity for you to effect a negotiated settlement.

To assess a threatened distraint it will be useful if you email us key documents

FACING DEMAND OR SERIOUS THREAT?

Early action is essential and our phone and email advice is free.
Please do not hesitate to contact me today!

Michael O’Connor M.A
Interco Director

Bromley : 0208 468 1033
Horsham : 01403 839766
Chichester : 01243 624716

or email :

FACING DEMAND OR SERIOUS THREAT?

Early action is essential and our phone and email service is free.

Please do not hesitate to contact me today!

Michael O’Connor M.A
Interco Director

 

Bromley :0208 468 1033
Horsham :01403 839766
Chichester :01243 624716
or email :

Interco Management Services Limited

Bromley BR7 6LH : 0208 468 1033

Horsham RH12 1TL : 01403 839766

Chichester PO19 7DN : 01243 624716

Interco Management Services Ltd

Bromley : 0208 468 1033

Horsham : 01403 839766

Chichester : 01243 624716