Letter Before Winding-Up Action

The court requires a creditor to behave reasonably before commencing winding-up proceedings and, in particular, to write to the company with details of the debt and demanding payment.

It is therefore wise to send a letter to the debtor company before commencing upon the path of a Winding-Up Petition. This can be sent on a solicitors letterhead or on a company letterhead. Sending it on a solicitor’s letterhead clearly makes it clear to the debtor company that legal action in the form of presentation of a petition is likely to shortly commence.

The letter before action should state clearly the debt owed, how the debt has been realised, deadline payment date, how to pay and a clear expression of intent that a winding-up petition may follow.

If you would like a letter to be sent by our Winding-Up Solicitors to the company that owes you a debt over £750  then contact us by clicking here or calling 0845 8622 529.

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