Letter from Carter Backer Winter (CBW)? Read this first

A letter from Carter Backer Winter (CBW) is not a routine debt-collector reminder. CBW is a London-based chartered accountancy firm with a substantial licensed insolvency practice. They act for creditors in insolvency proceedings, statutory demand work and CCJ enforcement — not as a third-party debt collector.

If CBW have written to you about a personal debt, the underlying matter is almost certainly one of: enforcement of an existing CCJ, a statutory demand under the Insolvency Act, or progress towards a creditor’s bankruptcy petition. This guide covers what each means, your rights, and how an IVA can resolve the underlying debt.

Who Carter Backer Winter (CBW) are

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CBW is a long-established London chartered accountancy firm offering audit, tax, advisory and insolvency services. The firm’s licensed insolvency practitioners are regulated by their professional body — typically the Institute of Chartered Accountants in England and Wales (ICAEW) — and are authorised to take appointments as administrators, liquidators, trustees in bankruptcy, and supervisors of voluntary arrangements (CVAs and IVAs).

When CBW correspond with an individual about a debt, they are doing so on behalf of a creditor client, not as a third-party collector chasing on commission. That distinction matters for two reasons:

• The procedural framework is insolvency law, not just CONC and the Consumer Credit Act
• The next step in the chain is often the bankruptcy court, not just a CCJ application

Take any CBW correspondence seriously and act before the deadline.

What CBW can and cannot legally do

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CBW cannot force entry, take goods or threaten arrest. They are not bailiffs. What they can do, on a creditor client’s instructions:

• Issue a statutory demand under section 268 of the Insolvency Act 1986 — a formal demand for a debt of £5,000 or more
• Present a bankruptcy petition at court if the demand is unmet after 21 days
• Take CCJ enforcement steps including charging-order applications and instructing High Court Enforcement Officers
• Act as trustee in bankruptcy if a petition is granted
• Investigate transactions at undervalue, preferences and antecedent property dispositions

What they cannot do is improvise outside the statutory process — every step is governed by the Insolvency Act, the Civil Procedure Rules and the procedural rules of the relevant court.

Two checks worth running first

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1. Is the underlying debt enforceable? A CCA s.77/78 request for the original signed credit agreement, statement of account and notice of assignment still applies if the debt is consumer credit. Until those documents are produced, the debt is unenforceable.
2. Is the debt statute-barred? Six years in England and Wales (five in Scotland) since the last payment or written acknowledgement, with no court action in that window, means the debt cannot be enforced — and a statutory demand on a statute-barred debt can be set aside.

If the dates and paperwork support a defence, raise it in writing immediately — and apply to set aside any statutory demand within the 21-day window.

How CBW pursue matters

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CBW’s approach reflects insolvency rather than consumer-credit collection:

• Initial correspondence outlining the underlying claim and the steps being considered
• A letter before action or formal demand
• A statutory demand for £5,000+ debts where bankruptcy is on the table
• Filing a bankruptcy petition at court if the demand is unmet after 21 days
• Court hearing — the petition is granted unless successfully opposed or replaced by a voluntary arrangement

The cost of bankruptcy proceedings is significant, so creditors and their advisors generally only proceed where the debtor has assets worth pursuing or where an example needs to be set.

What happens if you ignore CBW

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Ignoring CBW correspondence at the statutory-demand or petition stage is the worst response:

• After 21 days a bankruptcy petition can be presented
• A bankruptcy order ends control of your finances and may put your home and other assets at risk
• A trustee in bankruptcy is appointed and your financial history is investigated
• The order is publicly recorded on the Insolvency Register

Engagement, even if only to propose an IVA in response, almost always produces a better outcome.

Routes out

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• Pay or settle the underlying debt if you can — written full-and-final settlement is essential.
• Apply to set aside a statutory demand if the debt is disputed, statute-barred or otherwise defective.
• Propose an IVA in response to a statutory demand or petition — eligibility starts at around £5,000 of unsecured debt across creditors.
• Debt Relief Order for total debt under £50,000 with very low spare income (creditor must consent or stand over the petition).
• Bankruptcy by petition or your own application as a managed last resort.

Common pitfalls

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• Don’t ignore a statutory demand. The 21-day clock is fixed.
• Don’t make a partial payment to “show good faith” — it can reset limitation and acknowledge an enforceable debt.
• Don’t try to deal with insolvency practitioners by phone alone. Stay in writing.
• Don’t assume bankruptcy is unavoidable. An IVA proposed in time can replace the petition.
• Don’t transfer assets in the lead-up to insolvency — these transactions can be reversed.

Frequently asked questions

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Are CBW bailiffs? No. They are chartered accountants and licensed insolvency practitioners.

Why is an accountancy firm chasing me? CBW act for creditors in insolvency proceedings, statutory demands and CCJ enforcement. The letter explains which step is involved.

Will an IVA stop bankruptcy? Yes, if proposed and approved in time. The court can stay the petition while the IVA is considered.

How long do I have to respond to a statutory demand? 21 days to pay, settle, or apply to set it aside.

Related guides

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• How long can I be chased for a debt?
• Can debt be written off?
• How do I apply for an IVA?
• How do you qualify for debt relief?
• Do debt collectors give up?