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khan

Today I sent a Statutory Demand For Payment
« on: September 14, 2017, 10:41:55 pm »
Hi Guys,

Just to let you know I filled out a Statutory Demand For Payment and sent it to Alpha via email and post.

The Form can be found here (Form SD1)
https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

I got a reply from Alpha a few hours later

Hello Khan,
As shown in our previous 2 court appearances dealing with a winding-up
petition, we have shown that Alpha does not have spare funds in our bank
accounts to pay for any claimed debts, and remainder being held for tax
purposes to HMRC, hence also any 3rd party debt order which has
previously been attempted has failed.
Our Director is abroad, but a legal representative will see you in
court.
Regards
Danny K
Alpha-T


To which I replied

Danny,

Somehow what you are saying does not add up. If a winding up had gone to a hearing then there would be a gazette entry. Fact is there is none. This means that your company has settled out of court. I know one such individual personally.

If a company cannot pay then it gets wound up. Simple. If you don't pay me as the court ordered then your company will be bankrupted. Legal representative or none doesn't bother me.

Now are you really going to continue this charade of not being able to afford to pay? Hmrc only charge tax on profits... I can see your company has not made profit. Who are you kidding?

Pay me in full or I will wind up the company. Your company has no sales. No profit. Lots of cash in the bank and in hand. I am sure the official reciever will be able to find the cash. The director can be on timbutktu... i am sure he can still acess emails. Tell me how the company pays your wages? Not everyone is a fool.

Khan


I mean how can they be paying HMRC tax when the company had made losses? Hmmmm pay tax on losses? Hmmmmm.
If winding up gets to court then the petitioner needs to advertise in the Gazette.... Do a search for Alpha and you find no adverts.... This means that Alpha pussied out last minute and settled as they know that they would likely get bankrupted.
I know of Dynofly so far. Is there anyone else who has gone down the winding up route?

khan

Today I sent a Statutory Demand For Payment
« Reply #1 on: September 15, 2017, 05:23:46 pm »
Today I sent them another reply...



Hi,


I have a number of questions. You can choose to answer these or not however, you should probably think about how this will look to a judge in a county court and how the answering of these questions will be able to allow a Judge to differentiate between a company that scams customers vs one that is open and actually wishes to be able to pay its debtors.


1) Serving Winding Up Documents

I know that documents can be posted, emailed, or left at your office (which is a virtual one). It does not have to be to Mubasher Akram personally. I would be grateful if you can provide me with a home address for Mubasher Akram or a personal email so that I can ensure that he has been served winding up documents. Can you confirm if Mubasher Akram has a personal email? If so, can you provide it? I am wanting to make every effort to ensure that he at least has sight of the documents heading his way. Please be assured that court documents will be left at your office address and emailed to your company email in electronic format. How can a company director of a company that has zero sales and produces zero goods be overseas on business trips and be busy in meetings? It beggars belief. It's more likely he is trying to avoide being served. If not, please supply me with his details, even a telephone number would suffice so i can at least call.


2) Payment of Money You Owe Me

Can you at least make some effort to try to pay me the money that you owe me? At the moment your company simply stays quiet and does not reply to any of my demands for money nor does it propose any solutions.


3) Documentary Evidences

Can you provide documentary evidence to support any of the reasons why you say you cannot pay your debts? Example - you state that no winding up petition has worked against you. Can you provide County Court Judgements to back up what you are saying? If cases have been dismissed, you get Judgements saying so. Just send me a copy. It might sacre me away. Example - you say you have money in Paypal. Can you give documentary evidence of such claim? Example - you say there is money for HMRC (tax). Can you provide Bank statements? Tax depends on profit - Where is the profit in your company? It hasn't had a single sale in ages. Sales are zero. VAT is done quarterly and we are more than 3 years down the line so lets not use that excuse.


4) Company Outgoings

What are your company outgoings and can you provide documentary evidence? Why can you pay staff wages and hire legal representitives but not be able to repay your creditors?


5) Won't see another penny...

On September 8th 2016, I had an email from your company stating that it cannot pay me and that I would never see another penny. Is this still the position of your company? If not, what is the new position and what are you willing to do? How many people have you settled out of court with before?


6) Bankruptcy and Winding-Up

When a company owes £750 and cannot pay it then quite simply its bankrupt. Can you give reasons as to why you think your company cannot be wound up or should not be wound up? Please note your company has zero sales and not profitable and definitely not "positive" cash flow. As I am in a position to be able to wind up your company, you should be more open and frank with me. Simply putting head in sand and wishing people go away attracts further legal recourse.


Now that you are reading this bit, I would like to inform you that I will be sending this email in with my application to wind up your company if you do not repay me the money owed. A Judge will most likely read this email (and my questions) and wonder if the company replied to me on any of my questions. I will be raising with a Judge why your company is giving information or arguments in court that it could have raised with me (a creditor) earlier after getting this email. Bringing items to court on the day will invite a question, why could you not have given this earlier on in proceedings? This tactic is called "ambush" and looked down upon but I doubt you can use it now that I have brought it up and sent you this email WAY in advance of any court appearance.


I would like you to pay all monies due to me immediately.


Regards,

Khan










khan

Re: Today I sent a Statutory Demand For Payment
« Reply #2 on: September 15, 2017, 05:29:40 pm »
....And then I sent them another Email...  :D :D :D :D :D :D


Hi,

Your reply to my statutory demand email seemed to imply that your company was either unable to pay or unwilling to pay within 21 days. Can you confirm this for me?

Also, I would be grateful if you could read the planned advert for the Gazzette and let me know if the company details are correct. Thanks. Khan.


-----------------------------------------------------
Petitions to Wind Up (Companies)

In the County Court at Stockport

No XXX of 2017

In the Matter of ALPHA TECHNOLOGY (INT) LIMITED

(Company Number 08483921)

and in the Matter of the Insolvency Act 1986

A Petition to wind up the above-named company (registered no 08483921) of Manchester Business Park, 3000 Aviator Way, Manchester, M22 5TG, presented on XX MONTH 2017 by Mr  Khan of 5012 X Road, London, SX 6XX (the Petitioner), claiming to be a creditor of the company will be heard at the County Court at Stockport, The Courthouse, Edward Street, Stockport, SK1 3NF

Date: DAY, XX MONTH 2017

Time: HH.MM hours

(or as soon thereafter as the petition can be heard).

Any person intending to appear on the hearing of the Petition (whether to support or oppose it) must give notice of intention to do so to the Petitioner in accordance with Rule 4.16 by 16.00 hours on DAY-1, XX MONTH 2017.

The petitioner is Mr Khan of 5123 X Road, London, X6 6XX. Telelphone 0XX3. Email XXX_khan@hotmail.com (Ref ALPHA)

XX MONTH 2017









khan

Re: Today I sent a Statutory Demand For Payment
« Reply #3 on: September 19, 2017, 10:30:16 am »
Alpha Replied to me
Hello Khan,

Firstly, We will not provide you with private financials or information as you have requested.

Unfortunately, we will not 'settle' as you are hoping or have been lead to believe on public forums.

As stated in our previous email, we are awaiting your winding up petition, therefore we can direct our legal counsel to the court date.

Regards

Danny K
Alpha T


« Last Edit: September 19, 2017, 10:32:18 am by khan »