Legal Guide

Winding-Up Petition Guide: Stop Company Closure

Facing a winding-up petition? Learn how to challenge it, negotiate with creditors, and save your company with proven legal strategies and expert guidance.

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⚠️ Winding-up petitions can close your company in 7-21 days

Critical Timeline: What Happens Next

7

Days to Respond

You have 7 days from service to file your response or pay the debt

21

Days to Court

Court hearing typically scheduled 21 days after petition is advertised

Company Closed

If petition succeeds, your company is wound up and assets liquidated

What is a Winding-Up Petition?

Legal Definition

A winding-up petition is a legal application to the court requesting that your company be compulsorily liquidated. It's the most serious debt recovery action a creditor can take, effectively seeking to close your business permanently.

Who Can Issue a Petition?

  • HMRC - Most common petitioner for tax debts over £750
  • Trade creditors - Suppliers owed over £750
  • Banks and lenders - For loan defaults
  • Directors/shareholders - In specific circumstances

Immediate Consequences

  • Bank accounts may be frozen
  • Credit rating severely damaged
  • Suppliers may demand cash payments
  • Customer confidence lost

Minimum Debt Thresholds

£750
Minimum debt for statutory demand
£750
Minimum debt for winding-up petition
£1,600
Average court and legal costs

Action Plan: First 24 Hours

Time is Critical - Act Immediately

Every hour counts when facing a winding-up petition. Follow this action plan to maximize your chances of saving your company.

1

Secure Legal Representation

Contact a licensed insolvency practitioner or solicitor specializing in corporate insolvency immediately.

URGENT: Within 2 hours
2

Analyze the Petition

Review the petition for technical defects, disputed debts, or procedural errors that could invalidate it.

CRITICAL: Within 4 hours
3

Assess Financial Position

Calculate available funds, assets that can be liquidated, and potential sources of funding.

IMPORTANT: Within 6 hours
4

Contact the Petitioner

Attempt immediate negotiation. Many petitioners will withdraw if payment is guaranteed.

URGENT: Within 8 hours
5

Prepare Court Response

File acknowledgment of service and prepare grounds for opposing the petition if applicable.

DEADLINE: Within 7 days
6

Explore Alternatives

Consider CVA, administration, or voluntary liquidation as alternatives to compulsory winding-up.

STRATEGIC: Within 24 hours

How to Challenge a Winding-Up Petition

Valid Grounds for Opposition

Technical Defects

  • Incorrect company name or registration number
  • Improper service of statutory demand
  • Failure to follow proper procedures
  • Insufficient evidence of debt

Substantive Defenses

  • Genuine dispute over the debt
  • Cross-claim exceeding petition debt
  • Company is solvent and can pay debts
  • Abuse of process by petitioner

Court Documents Required

Acknowledgment of Service

Must be filed within 7 days of service

Form 4.14
Witness Statement

Supporting evidence for your defense

Sworn affidavit
Supporting Evidence

Financial records, correspondence, contracts

Exhibits A-Z

Facing HMRC Enforcement Action?

Don't wait until it's too late. Our HMRC debt specialists can often halt enforcement action within 24 hours.