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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Receiving threatograms from company in liquidation how to handle?


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Hi,

 

I'm receiving regular letters from a debt collection agency, but the company that are saying I owe the money went in to liquidation last month.

 

I've checked, and the action is not being taken by the liquidator - it's instigated by a Director of the company that liquidated.

 

It's my understanding that he can't do this, and money due would be due, and pursued by, the liquidator of the company- which makes this look fraudulant?

 

Any advice as to how to handle this would be gratefully received!

 

Thanks :)

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Tiddlewash.... SAR them for a full breakdown of the charges.

They cant hide them from you.

 

Would you pay £39.99 and not know what it was for?

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Do you need to respond ? Are they saying that they 'will' be issuing a court claim ? If not, I would ignore them, as the situation sounds too complicated for them to currently look at taking this forward via court action. Without knowing more details of the company set up and what is going on, it would be difficult to say whether the Director should not be chasing up debts. I suspect that it is much more complicated than it seems.

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The Director has no right to act on behalf of a company that is in liquidation, and any fund received should go to the creditors.

 

I've not informed the debt collectors of the situation, will keep my powder dry until I see what they do next. If they issue, I'll defend.

 

I dont want to put details of the company on here as it's a very small company that keep re-inventing themselves, I'd be very easy to identify. They ast went bust six months ago, didn't tell anyone, just said they'd changed their bank account and to ay in to new account- thus defrauding the creditors.

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The Director has no right to act on behalf of a company that is in liquidation, and any fund received should go to the creditors.

 

I've not informed the debt collectors of the situation, will keep my powder dry until I see what they do next. If they issue, I'll defend.

 

I dont want to put details of the company on here as it's a very small company that keep re-inventing themselves, I'd be very easy to identify. They ast went bust six months ago, didn't tell anyone, just said they'd changed their bank account and to ay in to new account- thus defrauding the creditors.

 

Quite right. It is ILLEGAL for a director to pretend to be acting on behalf of the company once it is in liquidation. Is the company in voluntary liquidation or has it been wound up in the High Court? Your best bet is to download the details of the insolvency practitioner from the Companies House website, and tell them what is going on.

 

And it is not possible to add collection fees to any sums, unless there is a contract/T&Cs that stipulates as much.

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I thought that was the case. It is a CVL, have informed the IP but they seem rather uninterested.

 

I'm inclined to let them issue proceedings then defend stating that I believe the claim to be fraudulant.

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The company CAN issue proceedings, but only under the aegis of the IP. Has the company used the same IP in previous liquidations? If so, you should be complaining to the BIS (I think). Phoenixing, though legal, cannot involve any form of misrepresentation.

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