Chasing debts

[aidanb19]

I'm so slow typing sorry!

He's a complete waste of time, when he does answer the phone its 'should be end of next week' or similar.

On a side note, he asked me to post the invoice to him with the newer name, but I only found out his house is not the registered company address afterwards.

 

[Sidewinder]

The Reg. Co. address is irrelevant really, my Accountant is my registered office also.

This is not a debt avoidance scam it is for convenience.

 

[aidanb19]

Would it not be better for me to send an invoice to the registered address than his house, especially if he is not a director? Basically could be a balance carried over, but without specific dates this time?

 

[NozSpark]

I wonder if you are confused...

Both co's were/are LTD,, you cannot just shut down a LTD it has to be liquidated (all credits paid in and debts paid off) - this is not like bankruptcy, it's just a process that LTD co's have to follow to shut down

now if HE has gone bankrupt then he must remove his name from the directors list (of a LTD co.) and a new one should be appointed, the company carries on running and could be liquidated, but doesn't have to be ----- while he is bankrupt he cannot be a director of a LTD co.

So first off you need to find out wether he is bankrupt or if the LTD co. was liquidated.... and the date that happened

for bankruptcys you can search here

 

[aidanb19]

Ok it must be my terminology, as you can tell its not my strong point!

As the original company was ltd, and he now has another, it must be Ltd company was liquidated - he personally has not lost anything.

 

[NozSpark]

So if the company was liquidated it has to pay of what debts it can (has assets to pay) - that includes you!

It still doesn't get away from the fact that he should have told you the company was liquidated as soon as it happened so that his (the co's) debt to you does not increase

 

[aidanb19]

Would the best course of action be another invoice stating amount carried over but not specific on dates, plus a letter stating non-payment will result in small claims court and reporting for not informing of company liquidation?

Obviously worded a lot better than that!

 

[NozSpark]

Personally I think that if you pursue this the proper way you will not see any of your money... I'd keep on hassling him, phone him up regularly, turn up at his house at Sunday lunch time etc... make sure that he knows that you will not let it drop

If you go down the official route then any "Old co." debts will probably dissapear as that co. no longer exists

I take it you no longer do any work for this guy and don't wish to any more?

 

[aidanb19]

No don't do any work any more, he has always been unreliable with money.

I think I will write the letters, see what response I get, but pursue through other channels so to speak.

Thanks for your help nozspark and sidewinder