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Just received a year old invoice for a organisation that no longer exists


andyc1695
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Hi everyone

 

This is my first post on these forum, thanks for your help.

 

I have just received an invoice for a course that was carried out over a year ago. They are asking for immediate payment, but the body that the invoice is addressed to no longer exists as it was wound up on 1st July 2012. I currently manage a distinct group that replaced it. Is the current organisation liable to pay this invoice, given that it is a year after the service was provided and it is not invoicing us specifically?

 

Any help would be greatly appreciated

 

Thanks

 

andyc1695

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Hi welcome to CAG,

 

The ''body'' you speak of was this a Ltd Company. Ltd Partnership, Sole trader?

Was the winding up a result of debts.?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks,

No, it was wound up as we amalgamated two bodies into one. It was a sports club. I've checked through the paper work and there is no mention of the previous clubs in the new one. It is a completely new club and the one that was invoiced no longer exists. There was no debt issue at all.

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I think there is at least a moral obligation to pay this invoice if the service were provided to part of the ne almagamation of clubs.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I know what you mean. But most of the first clubs committee have moved on and the current club have proceeded through this entire year with no idea such an invoice could be outstanding. I'm just wondering what grounds they have to spring an invoice on us a year afterwards? Is there no time limit to warn of payments due?

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No time limit really, maybe an invoice had been rendered earlier to the original club.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Club law is a bit of a minefield when it comes to liabilities. Basically the last Committe is responsible personally for the debt. If you hold any of the assets of the old club then their value should be used against this debt. Tell the ex-committee members that they have responsibilites that they cannot walk away from. If it is a large amount then you may have to consider telling the company whose invoice it is that they will have to wait whilst you find the funds or pass on the details of the last known committee so they can be pursued personally for the debts. If you do neither then the company can chase the current club committee as the amalgamation takes on the responsibilities of the old club to a certain degree.

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