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Winding Up Petition

If a company owes you money and has refused or neglected to pay the debt, you may apply to wind it up by presenting a petition to court for that purpose. A winding-up petition is usually presented by a creditor on the grounds that the company cannot pay its debts and this has to be proved to the court.

This proof can either be:-

the failure on the part of the debtor to comply with a Statutory Demand that you have served or;

an "unsatisfied" execution of a Judgment debt, whereby either a County Court Bailiff or High Court Enforcement Officer has been unable to seize enough assets to discharge the debt.

The out of pocket expenses and disbursements required to present a Winding Up petition are considerable, and exceed those of a bankruptcy petition, and we would not recommend taking this course of action lightly.

Please refer to the table below for guidance

Court Fee £190
Petition Deposit £620
Our Fee* £225
Counsel's Fees** £175
Process Servers Fees £80
Statutory advertising £36.80
Swear Fee £7
Land Registry Search Fee £2
Total £1366.43

*Please note that our fee is calculated on the basis that the petition is heard in the Torquay & Newton Abbot County Court and concluded at the first hearing. Should the matter be adjourned or other legal issues arise, then our hourly rate of £60 shall apply.

**If the Petitioning Creditor is a Company, then you must have a solicitor/barrister to represent you at the hearing. We have negotiated an exclusive rate for Veritas Legal clients for cases in the Torquay & Newton Abbot or Exeter County Courts with Rougemont Chambers of £175 plus VAT and can do so elsewhere in the country through our association with reputable law firms and barristers chambers.

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