Legal issues
The creditor must establish an undisputed debt and a proper insolvency basis. A statutory demand or unsatisfied judgment can be evidence, but the route chosen must fit the facts. Insolvency proceedings are not designed to adjudicate a substantial contractual dispute.
Service, advertisement and hearing requirements are critical. GOV.UK guidance requires the petition to be served and the hearing to be advertised in The Gazette at least 7 working days before the hearing, with the required court filings.
Evidence that matters
Keep the contract or judgment, debt calculation, statutory demand, certificate or other proof of service, company search, correspondence, payment history and any evidence of insolvency or failed enforcement.
Reasonable lines of enquiry
Before petitioning, check whether the debt is genuinely disputed, whether another creditor has already petitioned, whether the company is in administration, liquidation or a restructuring process, and whether ordinary enforcement has a better prospect of direct recovery.
What happens next
The creditor prepares and presents the petition, pays the court fee and deposit, serves the company and completes the required evidence of service. If accepted, the court fixes a hearing. The hearing must then be advertised in accordance with the rules. At the hearing the court can make a winding-up order, dismiss or adjourn the petition, or make another appropriate order.
Immediate steps
Do not present a winding-up petition simply to increase pressure where liability is substantially disputed. Verify the debt, company status, insolvency evidence, service history and likely recovery before incurring the petition deposit.
What should you send us?
Send the debt documents or judgment, statutory demand and service evidence, company details, all dispute correspondence, payment history and any Companies House or insolvency information.