Help with Stat Demarnd on business debt

[voydav]

Hi

I am looking for help

 

I had a stat demarnd served on my company dated 21st July 2008

for £2,514.49

 

I was not made awere at the time of any costs.

 

I paid the amount as agreed on a specific date and cheque has been cashed

 

I have had a winding up order now served for addition costs and intrest

 

These was not on the winding up order only the above amount.

 

can this be right, I could not pay even if correct as bank now frozen.

I look forward to any advice

[42man]

Welcome to the CAG forums Voydav....am I correct in saying you have actually paid the amount claimed ?

 

Did you answer the stat demand ?

 

Am I correct in saying a bankruptcy petition has been served on you ?

[voydav]

hello 42 man thank you for reply.

 

I did not dispute payment so did not anwser to demand

 

I contacted creditors solicitors as to ask for time to pay but they went ahead with winding up order

 

I agreed to pay amount showing on winding up order which was the original debt

 

I asked for winding up order to be stopped on receipt of payment which they agreed to suspend.

 

I paid full amount as agreed and then 3 days later received a letter stating that if I did not pay an additional £1,900 in costs that they would continue in winding company up.

 

I wrote saying that I would agree to pay any reasonable costs but need to discuss and time to pay and awaited reply.

 

I found out today that they sent a letter saying they were proceeding with winding up order to my accountants on the 23rd December who are my registered office not to me who had closed for Christmas.

 

They contacted my bank on the 24th December informing them of winding up order.

 

I only came awear today when trying to get access to my account and was informed that my acount had been stopped.

 

My concern is that the amount on the winding up order was for what I paid and was was paid when aggreed.

 

Can they still proceed when there is no mention of costs on the order in winding up company.

 

voydav

[cerberusalert]

It would have cost them £750.00 to serve a Statutary Demand.

 

A Statutory Demand in this situation is a sledgehammer to crack a nut, and probably won't result in them getting paid.

 

If it was over £5000 then it would not have gone onto the Small Claims Track but either the Fast Track or the Multi Track - these take longer and are more complex; but either way the result would be for them (likely) getting paid - and your company continuing to trade. A Statutory Demand followed by filing for insolvency is unlikely to recover them much of their money and will result in you ceasing to trade; you might even be forbidden from being a director again for some time.

 

Have you been back in contact with them so see whether you can reach a more amicable agreement?