kenpat
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That is correct and the last statement is where it falls apart for them, atleast the way I am looking at it. They did ask for payments repeatedly but failed to comply to our request for more information on what those charges were for.
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Hi Ford, I have had to do some running around and serious research on this topic and hence am confident that a SD for a company can be sent to registered post and be considered as served and may also be served for a debt which is NOT disputed.
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Well after doing some research on serving of the SD it is clear for companies serving by POST at the registered office is good enough. It is also ok for them to issue SD to recover debt. However in my mind I cannot see how a judge will award a winding up petition when we have claimed the invoices are disputed and the amounts we owe to them. So I find it difficult for the judge to accept it but I am willing to go the distance although I don't see the cost benefit analysis working in our or their favor to fight this in court.
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Hi, Thanks for the response. My company is a registered company. Our respond to the SD clearly states that the charges are disputed and we have provided reasons as to why we believe they are overcharged for everything we have disputed. But ofcourse they have replied to the SD set aside response saying they do not believe the invoices are disputed which in itself proves there is a genuine disagreement on the charges. They did obviously threaten to go ahead with a winding up petition but I cannot see how the judge would agree once they see the SD and a SD reply clearly stating what we believe we owe them.
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The set aside has been dealt with they have come back saying they dont believe the invoices are in dispute but our questions on the invoices makes them disputable and they have acknowledged that by saying they believe the invoices are not disputed. My thought is if they come back and say they are willing to make a final settlement of 1500 should I go ahead and make a payment of 751 to bring the figure to 750 or less and let them try to recover through further processing. They have threatened a winding up petition which would surely cost them money and time not to mention that our reply to the SD suggests that the invoices are in dispute and the judge would not be willing to serve a winding up petition because of the disputed invoices. Any thoughts suggestions?
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Let me ask you experts a question if we paid the amount so the outstanding was less than 750 can they go after us ??? since I read the amounts outstanding have to be above 750 for a SD but in this case an SD has been served so wondering to avod any further problems if they say we can settle for 1500 and we paid 751 would they be able to go after us for further amounts including winding up? Just curious
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Hi Ford and Andy, Thank you for the link and the explanation. I have sent out a reply to the SD disputing the claim. I will wait for them/court to contact me further. I have made my best attempts to find a court that can explain what to do next. I have not been able to. I am sure the Judge will give credence to the reply as I have attached copies of our communication asking for more details which they have failed to provide. I cant imagine a judge in his right mind go ahead with a winding up petition. I would like to see what happens next.
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So I just replied to the SD saying the amounts were disputed and an explanation on the disputed amounts to the company sending the SD. My understanding is the creditor would have to file a petition for winding up or insolvency. The judge is just not going to take it up without any filing fees or even winding the business. In any case they will give us a chance to explain our situation I hope. I cant believe the laws can be so dumb!!!!!
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Oh great !!! Why is the law so convoluted.
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Hi, Because I am talking about less than 2k if I have to pay a solicitor a part of the fee I might as well go and settle maybe easier!!! It is getting to the point where you can never win with the courts!!!!! Ken
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Hi All, Finally I am able to locate the court and the advise I get from them is ridiculoussssssssssss to say the least. Because it is a company matter I am put across to Comapnies house and the lady there has no clue what she is talking about atleast in my mind. She is asking me to make a restraining order and pay for an application for the case to be heard!!!!! I cannot believe the courts can be so insane!!!!!
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Hi, Thanks for your reply. I plan to do that once I have gone through my check list of courts I have already decided to contact. I only wish the search was more intelligent, Its like putting information that is of no use...... They can find ways to better it for sure and save tax payers hassle. There are people who are worse off than me and they will see no use of the courts if none of the courts in the vicinity know who will handle it. That is just ridiculous. I mean if you go to your GP he can tell you what Hospital in the area will do what. Why cant courts be like that????? Ken
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Hi All, Just a quick update. I am in the process of filling 6.5 and 6.4 is almost complete thanks to the Samaritans on this forum. I have still had no luck with the County court that I need to file this Set aside with. Surprisingly tedious job given that it should be a no brainer. But so be it with all the technology in the world they could not find a search to say Enter your post code and what you want to do to give you the court which does it for you.... Government after all has to make it tough..... AAAGGGGGGGGGGHHHHHHHHHHHHHHHHHHH................ Any suggestions would help. Thanks Ken
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Yes I saw that but while doing some research I also found out that a company can A statutory demand can be used to ask for payment of a debt from an individual or company. When an individual or company gets a statutory demand, they have 21 days to either: settle the debt reach an agreement to pay
