Court threat to dissolved company?

[KOng]

Hi

I have been threatened with court action unless pay debt within 7 days for a telephone contract which I took out as a director of a Ltd company in 2006. After the company ceased trading I rang (talk talk) and asked for a final bill/amount owing so I could switch the home landline back to domestic BT. They told me £30 odd which i paid over the phone. No mention of any contractual obligations regarding switching off prior to (I think) 5 year contract.

I got the switch over to BT with no problems or querys from either party. Then 12mnths later get a letter from talktalk asking for £700 of unused line rental etc. I told them the company had ceased trading feb 2008 and they asked if the company still existed. I told them I had applied for dissolution with my accountant. I heard nothing for a few weeks then got a letter from a debt collection agency. I rang them and told them the same story. A few more weeks went by and now I have the DCA court threatening letter giving me 7 days to pay or court/bailiff action will be taken.

 

The company was dissolved by the registrar 31/3/2009. so I am hoping there is now no comeback on me as a former director, unless any creditor (this was the only assumed creditor) wishs to apply for the company to be re-instated.?

 

Im not sure where I stand on this or weather to call them again. They sent the letter April 30 so that the BH would eat into the time :/

[GamekeeperToPoacher]

Hi Kong,

 

Welcome to CAG.

 

Firstly I would advise that you NEVER call them - do it in writing and you maintain a paper trail.

 

The next point is who are they going to take to court? As the company was, I believe limited, then that entity no longer exists and unless, in my opinion, you have provided personal guarantees then they can go hang.

 

I hope that someone more knowledgeable pops up to confirm/castigate my response.

 

GK

 

If you are happy with the help I have offered please feel free to ring my scales over there

[KOng]

Thanks GK

 

I hope you are correct.

 

Is there a letter template suitable that I could fire off asap?

[GuidoT]

Provided the contract was entered into between the limited firm and the phone provider there should be no comeback to you personally, that is one of the main reasons why you go the limited company route to afford yourself some protection personally.

[KOng]

Thanks Guidot

 

Update

 

I used one of the basic debt letter templates and posted it off first class yesterday.

 

Just as I got in from work the phone rang...it was the DCA. I told them I was not interested in talking over the phone and had sent them a letter. The lady was very polite but insisted in gleening information, so I told her I was not liable as the company was dissolved. She said "ok let me check the company reco..... oh yes now resolved goodbye" and hung up.

Hopefully I will get it in writing shortly

 

thanks for all help