Company Insolvency

Winding Up Petitions — Close Down a Non-Paying Company

A serious legal step for companies that refuse to pay commercial debts.

Overview

What is Winding Up Petitions?

A Winding Up Petition is a legal application to the court to wind up (close down) a company that cannot pay its debts. It is one of the most serious steps a creditor can take against a company debtor.

The threat of a Winding Up Petition often prompts payment — many companies pay promptly when faced with the prospect of being wound up. However, it is a serious step and should only be used where the debt is clear and undisputed.

Important: Hollingworth Collections is not a bailiff service, solicitor firm or regulated debt advice provider. We do not provide legal advice or carry out enforcement directly. Suitable enquiries may be introduced to independent recovery specialists and professional partners where appropriate.

The Process

How Winding Up Petitions Works

1

Statutory Demand (Optional)

A Statutory Demand is often served first, giving the company 21 days to pay before a petition is filed.

2

Petition Filed at Court

The creditor files a Winding Up Petition at the High Court. The petition is advertised in the London Gazette.

3

Company Bank Accounts Frozen

Once advertised, the company's bank accounts are typically frozen — creating serious pressure to pay.

4

Winding Up Order

If the company does not pay or dispute the petition, the court may make a Winding Up Order, closing the company.

Eligibility Requirements

  • Debt must be over £750
  • The debt must be undisputed
  • The company must be unable to pay its debts
  • A Statutory Demand or CCJ is usually required first

Limitations & Considerations

  • Not suitable for disputed debts
  • Advertising the petition can damage the company's reputation
  • If the company is wound up, creditors may receive little or nothing
  • Hollingworth Collections does not file petitions — we introduce to legal specialists

Need help with Winding Up Petitions?

Submit a free enquiry — we'll review your case and advise on next steps.

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FAQ

Frequently Asked Questions

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