Being pursued for a Ltd Company Debt - customer didnt receive my goods

[whitsend]

I have received a letter today from a solicitors on behalf of a customer of a Ltd company that is no longer trading

and is at the point of being struck of by companies house.

 

It started about a month ago when I go a letter from the customer addressed to me personally at my home address.

 

They claimed that they had never received an order placed with the Ltd company that is no longer trading.

This was about 18 months ago when the order was placed and the company stopped trading 10 months ago.

 

As far as I can remember this order was despatched, but they say they didn't receive it.

 

They are now threatening me personally with court action if I don't give them the money back for this order,

which was paid for by proforma invoice into the company bank account.

 

They have never contacted anyone previous about no receiving this order, up until a month ago.

I never received any money personally from this company and it was on a company invoice,

nothing to do with me personally, and why did they not question non receipt of their order before this.

 

Does anyone know how I stand on this matter.

Unfortunately even if I have the tracking number for their order, I would not be able to track it after so long.

[ericsbrother]

Any idea about the value of the order? It make one wonder why they left it so long to chase up but that doesnt mean they cant but they have to chase the right entity.

The solicitors must know thast it is a waste of time but they will do anything for money so write back to them saying that any contractual obligation of this limited company is nothing to do with you and that they should desist from contacting you and write to the registered address of the company instead.

If they go to court they will lose their client some more money. They know that but some people wont let go but you must tell them so at least the soliciotrs can say they have tried.

[whitsend]

The value of the order I think was about 1500 pounds plus VAT.

[mikeymack2002]

Don't forget to keep an eye open for any Court letters so they do not try for a default CCJ.

 

 

Make sure any mail from old company address is redirected

[unclebulgaria67]

Is there not an accountant for the Ltd company that can deal with the letter ?

 

I would have thought that this letter needs to sent on to whoever is responsible for the accounts to reply. They will probably then just reply to say that the Ltd company is no longer trading and comment on the status of the order as they are aware of it.

[whitsend]

The company still has a registered address at a mailbox I pay for, until the company is finally wound up completely. It is listed on company house as the registered office, they redirect any company correspondence to me, however they have not sent any letters there, or addressed any to the company, just to me personally. I still have the building the old company used to use, so any letters there I would know about. Also there was 2 directors in this company, why come after just myself.

 

 

I have since started up a new business on my own, which is now in competition with this old customer and they aren't happy about it.

[mikeymack2002]

Now you know why you are being pursued, maybe it is time to keep all of the letters sent you, (for future references)

 

 

It could be seen as a malicious complaint, especially since you are in "competition" now.

 

 

What sparked this chasing then? any idea?

[whitsend]

Yes, I think it was because one of my new customers posted a big advert on some forums and facebook, saying they were now stocking my products.

[whitsend]

The last letter from their solictors says I have until 27th of January to pay them or they are going to issue a county court claim. They cannot prove they didn't receive the order and I can't prove they did, as too much time has passed, but I personally never received money from them anyway, it was a company transaction, done correctly, with a company proforma invoice.

[unclebulgaria67]

The last letter from their solictors says I have until 27th of January to pay them or they are going to issue a county court claim. They cannot prove they didn't receive the order and I can't prove they did, as too much time has passed, but I personally never received money from them anyway, it was a company transaction, done correctly, with a company proforma invoice.

 

Did you not use a courier to deliver the order and they can provide you with confirmation, which you can forward to this Solicitor ?

 

I think you need to take it seriously that they will issue the court claim and respond. I think that they can issue a claim against you as a director of the company and it is not necessary to name the other director on the court claim.

 

You could post this to the legal page on CAG or click on the triange to ask the site team to move to legal. Then you might get someone who knows about court claims against Ltd companies in this situation.

[Swoosh84]

Did you issue your customers with any sort of terms for the said order. While my company does not ship orders in the region of £1,500 we receive loads of this value and more. Reading the terms from the supplier, all of them have clauses which state missing or damaged orders must be reported within 30 days.

 

In anycase, the main fall back would be that the company is the one that handled the transaction is liable. You have no liability as a director unless it was fraudulent which would be impossible to provide.

[Stigman]

until the company is finally wound up completely.

 

When you say "wound up", Have you placed the Company into liquidation & appointed an Administrator or just striking the Company off of Companies House?

 

Stigman

[unimatrix1066]

Your not a sole trader but a limited company so you are not personally liable

[renegadeimp]

They may be liable if a personal guarantee was signed. Also as stigman said, if the company isn't wound up properly then the directors could still be liable.