I am an expert solicitor when it comes to personal insolvency and bankruptcy matters. My firm, Josiah Hincks Solicitors is based in Leicester, but I can assist wherever you are in the Country.
A statutory demand is a formal demand for payment under the Insolvency Act. It can be used against Individuals as a precusor to presenting a Bankrucpty Petition (in which case it is Form 6.1) or against a Company prior to issuing of a Winding Up Petition (which will be on Form 4.1).
As a statutory demand solicitor, I am instructed by both debtors and creditors over statutory demands.
It is vitally important that as soon as you receive a statutory demand you act upon it, and come and see me or another solicitor straight away. There are strict timelimits for making an application to set aside a statutory demand (or if you are a company, issuing an injunction to stop presentation of a winding up petition).
As your solicitors defending a statutory demand, we will need to act quickly. If you are an individual, you MUST make an application set aside a statutory demand using Form 6.4 within 18 days of the date of service of the demand. While form Form 6.4 might look easy, you are required to submit with it evidence as to why the demand should be set aside. This will require detailed analysis of the Statutory Demand and consideration of the facts and circumstances surrounding the alleged debt. I should point out that if you acknowledge the debt and don’t dispute liability for it, then I can’t really help you. However, if you deny liability for the amounts claimed, then I can help defend the Statutory Demand.
If you are a company and recieve a Statutory Demand, then again you need to instruct a solicitor to deal with it urgently. If we cannot agree with the Creditor that they will not act on the demand after we’ve written to them disputing the liability, then we will need to issue urgent proceedings in the Companies Court for an injunction to stop them presenting a Winding Up Petition and advertising it in the London Gazette. This action is likely to be devastating for any business, so instruct a insolvency litigation solicitor like me!
Bankruptcy Petitions / Bankruptcy Hearings
Ok, so you receieved a Statutory Demand and didn’t get me involved. You’ve now been served in person by someone hand delivering to you a Bankrupcty Petition with a date that you have to attend your local County Court. Fret not, as a bankruptcy disputes solicitor I may still be able to help.
It does make it much harder if we haven’t set aside the Statutory Demand, but we can still make our arguements at the Bankruptcy Hearing as to why you dispute the debt. It needs to be a really good reason though! If you don’t have a good reason, then you might get a Bankruptcy Order against you. I can help explain the consequences and also try to resist Bankrupcty for various reasons relating to your circumstances.
My firm is frequently instructed to act as Solicitor Agents in Leicester County Court by solicitors that are not local. Often, these instructions come on Bankrupcty hearings.
Winding Up Proceedings / Winding Up Petitions
I am regularly instructed by either Creditors or Debtors in Winding Up Proceedings. You could say I’m an expert winding up petition solicitor in Leicester.
If you are owed money, and the other party simply cannot pay, then we can consider a Winding Up Petition in order to liquidate the Company to get your money back. It is, as it sounds, quite a devastating option for a debtor. It can only be used where a debt is admitted and not disputed. The process of winding up a company is quite complicated, by as a winding up petition lawyer, I am able to prepare Winding Up Petitions very quickly for urgent matters.
If you have received a Winding Up petition, and want to defend it, then again we will need to act quickly. It is not too late, but it is important that if you do dispute liability, and there are good reasons for disputing the winding up petition, your solicitor will need to act quickly.
I have previously acted for debtors facing winding up petitions and been successful in defending them, having them dismissed and even getting a full costs order against the creditor.
So, if you are looking for an expert solicitor who can deal with Statutory Demands, Bankrupcty or Insolvency matters, then I am your man.
Call Us Now on: 01858 462 462
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