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Letter to insolvency practitoner


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Hi everyone,:-)

 

Hope this is in the right subforum.

 

Just wondering if you can help me regarding a letter I have to send to an insolvency practitoner.

 

I paid cash for 3+2 sofa in the beginning of August which they said will be delivered in 12-16 weeks.

 

I have just found out they went bust last late September and I now need to write a letter of complaint to the insolvency practitoner.:-x

 

What details do I have to include in the letter? Are there any key words/laws that I have to mention? Also, I have to send a copy of the receipt?:???:

 

Thank you very much for your help.:oops:

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Hi cag

 

Welcome to CAG

 

That is very disappointing.

 

If the items are in a warehouse somewhere and are clearly identifiable as yours (labelled with your name) the receivers that are winding up the store's business should make sure that the order is honoured and you receive your goods.

If this isn't the case you will have to register a claim with the receivers and may get only a small proportion of your money back.

I don't think you need to include any legal language, just get your claim in, include all available details and a copy of proof of purchase.

Send all letters recorded. But contact them to see if the sofa's are ready marked with your name, give them a call.

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Hi everyone,:-)

 

Hope this is in the right subforum.

 

Just wondering if you can help me regarding a letter I have to send to an insolvency practitoner.

 

I paid cash for 3+2 sofa in the beginning of August which they said will be delivered in 12-16 weeks.

 

I have just found out they went bust last late September and I now need to write a letter of complaint to the insolvency practitoner.:-x

 

What details do I have to include in the letter? Are there any key words/laws that I have to mention? Also, I have to send a copy of the receipt?:???:

 

Thank you very much for your help.:oops:

 

If the company went under last September you are clearly not on the list of creditors or you would have received correspondence from the IP. Don't worry - you can still put your claim in against the company.

 

When you write to the IP, explain the precise situation and enclose as much back up documentation as possible to prove your claim. In your letter you should also ask the IP for copies of any previous correspondence that has been sent to creditors so you are up to speed on the situation, and ask that your details be put on the creditors' list to ensure that you receive all future correspondence on the insolvency.

 

You do not mention what type of insolvency it is - CVL or administration but do ask the IP if there is likely to be a dividend to unsecured creditors - an unsecured creditor will be your status if you have not been able to identify your sofas.

 

Good luck!

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If the company went under last September you are clearly not on the list of creditors or you would have received correspondence from the IP.

We are only in November now doh! The OP is referring to Exclusive Leather Sofas Ltd (check his other post(s)) that went down towards the end of September 2010.

 

Don't worry - you can still put your claim in against the company.

Worry lots as there won't be a dividend to any class of creditors in this one!

 

When you write to the IP, explain the precise situation and enclose as much back up documentation as possible to prove your claim. In your letter you should also ask the IP for copies of any previous correspondence that has been sent to creditors so you are up to speed on the situation, and ask that your details be put on the creditors' list to ensure that you receive all future correspondence on the insolvency.

Good idea, it will remind the OP every time he gets a letter not to pay for expensive goods by cash!

 

You do not mention what type of insolvency it is - CVL or administration..

Neither, it was a Compulsory Liquidation so the directors don't even have to pay to liquidate the Company.

 

...if you have not been able to identify your sofas.

Would be quite hard to identify them as they were never ordered from the manufacturer let alone made or shipped.

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Thank you for your replies rebel11 and Chipmeister.

 

I will write the letter taking in the points that you have raised.

 

Any more input would also be greatly appreciated.

 

Kind Regards

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Missed your reply Johno100.

 

I know there is no chance of getting my money back but I just want to try this.

 

I just wish I had researched this company before buying.

 

Thank you.

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Hi Cag,

 

As this is a compulsory liquidation (i.e. a creditor has gone to the cost and trouble to pay for the company to be wound up via the courts, most likely HMRC) investigations into the company and it's trading will be carried out by the Official Receiver. When you write to the IP , ask him to send a copy of your letter to the Official Receiver who is dealing with the investigation.

 

All the best,

CM

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Johno - see below!!

 

We are only in November now doh!

If the company went down in September all known creditors should have been notified by the Official Receiver or IP by now so it's safe to assume that neither have full details of all creditors, there may be many more yet to come to light!

 

The OP is referring to Exclusive Leather Sofas Ltd (check his other post(s)) that went down towards the end of September 2010.

Sorry, I hadn't seen his original thread, only this one.

 

Worry lots as there won't be a dividend to any class of creditors in this one!

Unfortunately that is often the case. I take it you are a creditor yourself?

 

Good idea, it will remind the OP every time he gets a letter not to pay for expensive goods by cash!

A little harsh I think, but indeed a lesson to be learned here. If you pay for goods via credit card then you can explain the situation and ask your credit card company for a refund. Your card company then "stand in your shoes" should a dividend be paid out. If you pay by cash or debit card (i.e. your own money) you are screwed. It's harsh, but it's true.

 

Neither, it was a Compulsory Liquidation so the directors don't even have to pay to liquidate the Company.

So a creditor clearly thought it was worth paying out the money for a winding up order - I'm guessing it would have been HMRC.

 

Would be quite hard to identify them as they were never ordered from the manufacturer let alone made or shipped.

Again, sorry, I did not establish whether cag had seen the goods he / she paid for or not.

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If you pay by cash or debit card (i.e. your own money) you are screwed. It's harsh, but it's true.!

 

Harsh but not necessarily true. If the customer paid with a Visa Debit card (most seem to be nowadays) then there is a little thing called Visa Chargeback that may come to the rescue. There are a number of threads about it on this forum.

 

So a creditor clearly thought it was worth paying out the money for a winding up order - I'm guessing it would have been HMRC.

Wrong again! A trade creditor with more money than sense.

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If you pay by cash or debit card (i.e. your own money) you are screwed. It's harsh, but it's true.

 

Not completely. Some debit cards do offer protection, but within a limited period of time. It is worth checking before eliminating this route.

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