What a Winding Up Petition Means & How to Fight It

Winding Up Petition

Receiving a Winding Up Petition (WUP) is one of the most serious threats a company can face. It is a legal action taken by a creditor to force a business into compulsory liquidation. If not dealt with quickly, it can result in the company being shut down permanently.

At Aurora Recovery, we help business owners understand their options and take action before it’s too late.

What Is a Winding Up Petition?

A Winding Up Petition is a formal request to the court by a creditor who is owed £750 or more and has not received payment. The creditor is asking the court to liquidate the company’s assets to repay outstanding debts.

If the court approves the petition, it will issue a Winding Up Order, forcing the company into compulsory liquidation. At this stage, the business will be closed, assets sold, and directors may face further consequences.

What Happens After a Winding Up Petition Is Filed?

1️⃣ The Petition Is Served on the Company
  • – The creditor formally delivers the petition to the company.
  • – Directors must act quickly—delays can reduce their options.
2️⃣ The Petition Is Advertised in The Gazette
  • – After 7 days, the petition is published in The London Gazette, alerting other creditors.
  • – This can lead to banks freezing company accounts, making trading impossible.

3️⃣ Court Hearing and Winding Up Order

  • – If the debt is not settled or disputed, the court issues a Winding Up Order.
  • – The company enters compulsory liquidation and is wound up by an Official Receiver or insolvency practitioner.

What Should You Do If You Receive a Winding Up Petition?

Act Immediately – Ignoring a WUP will likely lead to liquidation. The earlier you seek help, the more options you have.

Check the Petition’s Validity – Some petitions may be incorrectly issued or based on disputed debts. Legal advice can help challenge unfair claims.

Negotiate with the Creditor – In some cases, settling the debt or arranging a repayment plan can lead to the petition being withdrawn.

Consider a Company Voluntary Arrangement (CVA) – A CVA can allow structured debt repayments while keeping the business operational.

Apply for an Administration Order – Entering administration places a moratorium on legal action, preventing further creditor claims while restructuring options are explored.

Seek Professional Insolvency Advice – Consulting an insolvency specialist is crucial to avoid director liability and find the best solution for the business.

What Are the Consequences of Ignoring a Winding Up Petition?

🚨 Company Liquidation – The business is shut down, assets are sold, and operations cease.

🚨 Bank Account Freezing – Once advertised, banks often freeze accounts, making trading impossible.

🚨 Director Investigation – Directors’ conduct is reviewed, and wrongful trading or mismanagement can lead to personal liability.

🚨 Director Disqualification – If misconduct is found, directors could be banned from running a company for up to 15 years.

Need Immediate Help? Contact Aurora Recovery Today

If your business has received a Winding Up Petition, time is critical. At Aurora Recovery, we provide expert guidance to help you protect your business, assets, and future.

📞 Call us: 01134 800 397
📧 Email us: hello@aurorarecovery.co.uk
🌐 Visit our website: https://aurorarecovery.co.uk

Don’t wait—take action today to prevent your company from being wound up.

Contact us now to see how we can help you: https://aurorarecovery.co.uk/contact/

Read more about how the winding up petition process works, on The Gazette’s website, here: https://www.thegazette.co.uk/all-notices/content/101087

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