A blunder resulted in a winding-up petition being filed against Doncaster Rovers. The insolvency hearing was scheduled for 11 a.m. on December 21, 2022, at the High Court in London, and it was related to an HM Revenue & Customs (HMRC) tax bill that had already been paid.
Need a second opinion on your insolvency litigation? Our specialist solicitors & barristers can help by assessing your case prospects and whether a winding-up petition is the right tool. We have highly experienced dual-qualified lawyers, so if our view is your case has limited merit or high risk we can advise you of the best strategy in our first meeting.
Details of the error made by HMRC
The payment was mistakenly assigned to the wrong month by HMRC, giving the impression that it was past due. Action was taken against the club as a result, including an application to close down the company.
Since then, HMRC has gotten in touch with Doncaster Rovers to apologise for their error. The club now views the situation as resolved.
According to an HMRC spokesperson, they are unable to comment on specific cases because of strict confidentiality laws. HMRC said in a statement to The Free Press that, in order to safeguard public money, “we take a helpful approach to dealing with customers who have tax problems and only file winding-up petitions once we’ve exhausted all other avenues.”
How Can We Help you Oppose a Winding Up Petition?
Our specialist winding-up petition lawyers are experts in defending winding-up petitions. We can advise you as to the specific merits and demerits of your case and can assist you in opposing winding up petitions and negotiating with creditors. If your company has been issued a winding-up petition or statutory demand, you may be able to challenge that petition on the following grounds:
That the debt alleged in the statutory demand or petition to be owing is genuinely disputed on substantial grounds by your company; Your company has a genuine right of set-off against the creditor that exceeds the amount claimed in the statutory demand; or In certain other limited circumstances (for example such as jurisdiction, technical or procedural error or delay).
To oppose a winding-up petition, you will initially need to file a witness statement in opposition with the Court within five business days before the date when the petition will be heard by the Court (rule 7.16 of the Insolvency (England and Wales) Rules 2016). A copy of that witness statement will need to be provided to the petitioning creditor at least five business days before the hearing.
Your company is entitled to appear at the petition hearing so as to oppose the making of a winding-up order. It is a routine matter for companies to instruct solicitors and/or barristers to appear on their behalf at the hearing.
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