A winding up petition can be presented to a company by a single creditor or jointly by more than one creditor.
In each case, the creditor must be able to prove the existence of the debt and ensure that the debt itself, or the amount owing, is not in dispute. A winding up petition will initially be presented by a single creditor. However, once other creditors are made aware of the petition, they can choose to support or join the winding up petition if the amount they are owed is in excess of £750, and usually, if a statutory demand or county court judgement (CCJ) for the debt has already been issued.
If a creditor does wish to contribute to a winding up petition they should take the following steps:
Gather the relevant documentation
The creditor should gather together all the information that proves the existence or the debt and shows the attempts that have been made to collect the debt. This includes evidence of statutory demands or CCJs, letters of demand, invoices, collection letters, phone call logs and anything else that shows the business has attempted to collect the debt without success.
Contact the creditor filing the petition
The next step is to contact the creditor who is filing the petition. You will be able to find their details on the advertisement of the petition in the Gazette. It could be that the creditor is filing the winding up petition without legal assistance, but in most cases, a solicitor will file the petition on the creditor’s behalf.
If you do not have the contact details of the petitioning creditor or the legal representative acting on their behalf, and the petition has not yet been advertised, look through the public records of court filings. This will tell you the names of the creditor issuing the petition and any other creditors who have joined the petition. You can then contact one of these creditors to ask for the solicitor’s details.
Joining the petition
The final job is to send all the documentation you have gathered to the solicitor’s office. You will then be sent some documents that you should sign and return. Having joined the petition, you can then attend the winding up hearing and make representations to the court if you wish.
For more information about supporting or issuing a winding up petition, please call our team on 08000 746 757 or email: [email protected] today.