HELP - My small business supply has just been cut off - what can I do?

radiododah

Hi,

Le me explain the situation. A couple of years back, I took out a lease on a small industrial unit for what was my then Limited Company to operate from. British Gas was my electricity supplier.

Around this time last year, the company started experiencing difficulties and in around June of 2012 I decided to wind up operations and cease trading as a Limited Company. At that time, the company did not have any assets and the only debt being to HMRC for some corporation tax and to British Gas.

My plan back then was to start trading as a sole trader again and I informed British Gas that will need a new electricity account to be setup in my name for these premises, as I will personally be taking over payment of the lease from the (now defunct) Limited Company
The Limited Company had a debt of around £750 to British Gas at that time and I made it clear to them that the company was no longer trading and did not have any assets to settle this.

I submitted a meter reading June of last year so they could setup a new account in my name at these premises and I would personally be paying for the electricity from then on.

Throughout the rest of last year, British Gas continued to bombard me with bills for the Limited Company and started sending threatening letters and charging interest on the overdue amount. Around Christmas time, I paid them £250 as a good will gesture and to shut them up, despite them not sorting the situation and issuing me with a new account!

This action continued up until a few weeks ago when another company called "Face2Face Ltd" sent a letter threatening to obtain a court order for right of entry to disconnect the supply. Due to work commitments and other matters that had put me under a great deal of stress, I missed the opportunity to attend the court hearing and put my case forward. I had written to this company and British Gas again, setting out my position.

Last Thursday, I came over to find my premises had been broken into by these people (Face2Face) and the electricity supply cut off. Now I am unable to carry out any work at all from there. I have not done anything at the moment, since I am uncertain as to the next course of action and what exactly my rights are. Can I insist British Gas re-connect the premises immediately and if so, what is my position if they start imposing draconian measures and/or insist I *personally* pay the limited company bill? Can I sue Face2Face for wrongful entry and loss of earnings (having no power) since they entered the premises on what I deemed to be an invalid warrant (as the company is no longer trading).

Any help/advice would be most welcome before I try to sort this mess out this week.

Wywth

radiododah wrote: »

Hi,

Le me explain the situation. A couple of years back, I took out a lease on a small industrial unit for what was my then Limited Company to operate from. British Gas was my electricity supplier.

Around this time last year, the company started experiencing difficulties and in around June of 2012 I decided to wind up operations and cease trading as a Limited Company. At that time, the company did not have any assets and the only debt being to HMRC for some corporation tax and to British Gas.

My plan back then was to start trading as a sole trader again and I informed British Gas that will need a new electricity account to be setup in my name for these premises, as I will personally be taking over payment of the lease from the (now defunct) Limited Company
The Limited Company had a debt of around £750 to British Gas at that time and I made it clear to them that the company was no longer trading and did not have any assets to settle this.

I submitted a meter reading June of last year so they could setup a new account in my name at these premises and I would personally be paying for the electricity from then on.

Throughout the rest of last year, British Gas continued to bombard me with bills for the Limited Company and started sending threatening letters and charging interest on the overdue amount. Around Christmas time, I paid them £250 as a good will gesture and to shut them up, despite them not sorting the situation and issuing me with a new account!

This action continued up until a few weeks ago when another company called "Face2Face Ltd" sent a letter threatening to obtain a court order for right of entry to disconnect the supply. Due to work commitments and other matters that had put me under a great deal of stress, I missed the opportunity to attend the court hearing and put my case forward. I had written to this company and British Gas again, setting out my position.

Last Thursday, I came over to find my premises had been broken into by these people (Face2Face) and the electricity supply cut off. Now I am unable to carry out any work at all from there. I have not done anything at the moment, since I am uncertain as to the next course of action and what exactly my rights are. Can I insist British Gas re-connect the premises immediately and if so, what is my position if they start imposing draconian measures and/or insist I *personally* pay the limited company bill? Can I sue Face2Face for wrongful entry and loss of earnings (having no power) since they entered the premises on what I deemed to be an invalid warrant (as the company is no longer trading).

Any help/advice would be most welcome before I try to sort this mess out this week.

You can attempt to sue whoever you like. Whether you win is another matter.

You should have gone to court to defend the application for any entry warrant at the time.

I suggest you seek independent legal advice. The internet is not the right place to find this.

macman

Why on earth did you pay them £250 after the company had ceased trading? That is simply confirming to them that that assets do exist, and to come after the rest of the debt.
What did you think was going to happen if you didn't contest the warrant (which, on the face of it, should have been straightforward enough if the company it was taken out against was no longer trading)?

brewerdave

...have to agree with macman..you shot yourself in the left foot when you paid the £250 on account for the Ltd Co bill...and then crippled yourself with the second shot in your right foot by not disputing the warrant application in court.