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Help. I've received S.123 and S.222 to wind up my company if don't pay.


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We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore.

 

Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim.

 

Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a

' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court.

 

We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name.

 

I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault.

 

I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays.

 

Many thanks for reading.

Edited by honeybee13
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We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore.

 

Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim.

 

Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a

' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court.

 

We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name.

 

I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault.

 

I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays.

 

Many thanks for reading.

 

You need to make an application to set aside the statutory demand on the grounds that the alleged debt isn't owed.

 

You can do this yourself but the consequence of getting it wrong would be so severe that you might make a commercial decision to involve a solicitor.

How much time would you need to spend to ensure you get it right?

How much is this time worth to you against how much would a solicitor charge you? (Have you asked any for a quote?)

 

The set aside must be applied for within 18 days of the statutory demand being made.

 

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/creditors-making-you-bankrupt/apply-to-have-a-statutory-demand-cancelled/

 

If you succeed in getting the demand set aside : you should seek costs from those who served the statutory demand.

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