I need to get a petition for bankruptcy

[sam.m]

I need to get a petition for bankruptcy against a company who took my money to use in a deal and pay me a profit, but they lsot the money, and now do not pay even my own money back. Can you tell me the steps I have to take to get the petition aganst them.

[chris.g]

It will cost you to petition bankruptcy against the company with no guarantee that you will get any of your cash back. Depending on the amount you may be able to claim through the small claims procedure at county court. Not quite sure how to do this but sure someone will be able to advise you,

[Reviva UK]

You can't make a company bankrupt. if it is a Limited company you can "Wind it Up" but this costs money / time and effort.

If it is an individual Trading As then you can go after the person.

You may want to look at www.moneyclaim.gov.uk where you can pursue a county court judgement and then follow up with other action including bailiffs etc.

[carlmcmullen]

I am sure another expert will be along shortly to confirm or maybe Reviva Uk can confirm as the is not my area.

But you may want to issue them with a Statutory Demand to the company to show that you are serious - a stat demand can simply be a piece of paper with a demand for full payment within 21 days, if they dont pay then you can start insolvency proceedings, so they should take it seriously.

However i would be interested to know what type of agreement you have entered into, did you sign any agreement to say they would repay you the money if the deal did not make you a profit, or was it simply a risk you have taken that did not perform as expected ?

[chris.g]

As Carl as already asked, what kind of deal was it? Unless a profit was guaranteed, it may be that you do not really have a claim against the company. It sounds as if, on the info provided, you risked your money and lost it. If there are any doubts about the legality of the 'deal' I would contact the police to report a case of fraud.

[MelanieGiles]

It will cost in the region of £1,500 to successfully wind up a company, and you will really need to appoint a solicitor to act for you with no guarantee of receiving your money. Your costs for petitioning would be paid in priority to any other creditors, but you should only choose this route if you are sure that the company has assets which could be realisted to meet the costs of the winding up and return monies to creditors.