Received a letter from High Court

[Georg1001]

Hello
My company received a letter from the High court of Justice Business & Property Courts of Engand & Wales Insolvency and Companies List (ChD).

Yes, there is an unpaid amount which has to be paid. At the end of the letter it says:

"Endorsement
This petition have been presented to and issued by the Business and Property Courts in England and Wales. Insolvency and Companies list (ChD) will be listed for a Non-Attended Review at the Rolls Building on:

Date: XX.XX.XXXX

Time: XX:XX
Please note that you are required to file a certificate of service (required by paragraph 6 of Schedule 4 to the Insolvency (England and Wales) Rules 2016) in good time before the Non-Attendance Pre-Trial Review. "

What can I do now to get this solved? Is it still possible to pay the amount before this date?

Thanks a lot for your messages

 

[Lisa Thomas]

It wounds to me like it might be a winding up petition.
Please can you confirm.

 

[Georg1001]

Hi Lisa, thanks for your reply. I think so, where I can find this information?

 

[UK Contractor Accountant]

https://www.legislation.gov.uk/uksi/2016/1024/schedule/4/made

 

[Georg1001]

Thanks for this link. The question is, if I pay the amount now (or if the creditor confirmed it's paid) is this case closed then?

 

[Georg1001]

OK, if I understand it right, the process can be stopped if I pay within 7 days. Is it also possible to pay until this date stated above (it about 12 days).

 

[The Byre]

Do you actually owe someone the sum of money?

 

[Georg1001]

Yes, I'm the debtor

 

[Georg1001]

Now I know, I can pay it to stop the process. But I am not sure how long I got time for this, 7 days? Until the date on the WUP?

 

[Lisa Thomas]

If it is a winding up petition and you pay the debt off in full with costs before the petition is advertised then they can withdraw the petition and the hearing can be cancelled.

If not then the hearing will still go ahead, even if the creditor has been paid, as other creditors are entitled to piggy back on the petition.

 

[Paul Kelly ICHYB]

If not then the hearing will still go ahead, even if the creditor has been paid, as other creditors are entitled to piggy back on the petition.

It's worth repeating this!

 

[ChrisCallaghan]

Hi all,

I have been contacted by someone with the same notice (it may even be the same person - not sure). They have provided me with the full notice, which includes the quoted section on the last page.

Having consulted with an insolvency solicitor, I can confirm that this is not actually yet winding up petition, though it may become one. It is a notice of pre-hearing hearing, where the courts will decide if the petition application satisfies the 'corona condition.' In effect the claimant has set out the reasons why they believe that the debt in question is NOT Covid related. If the courts are satisfied, then a winding up petition will be issued with a hearing date in the normal fashion. As the notice suggests, this pre-trial review is a non-attended, i.e. the claimant or defendant may not attend. However the defendant can submit information if they wish to argue that the debt in question is in fact Covid related.

Georg1001 - if you able to pay this before or shortly after the stated pre-trial review date, the yes this will stop the process. There is no advertisement of this pre-trial notice. If a petition is subsequently served on your company, it can then be advertised between 7 business days later and 7 business days before the hearing date.

My only concern for you is if the debt is large, will paying this in one go negatively affect your company's cash flow and jeopardise the company's future? There are several insolvency process that may assist at this time and it may be worth consulting with a licensed insolvency practice.

 

[Lisa Thomas]

Useful thanks Chris