advice regarding letter from a liquidator
stevewright
Posts: 22 Forumite
I received a letter via my accountants (registered office) the other day, from a liquidator for a company I previously did work for, claiming that I was paid money from them after a petition for liquidation was raised, and therefore requesting I write them a cheque back (payment in question was in 2012)
the winding up was completed approx. 6mths after the payment was made, but they quoted section 127 of the insolvency act stating that it goes from when the petition was raised.
where do I stand, as im not in the position to write them a cheque for what was 1mths work I did 5 yrs ago!
my accountants have drafted a response that the winding up followed so no action should be taken, however another in the same accounts company suggested I ignore it
the winding up was completed approx. 6mths after the payment was made, but they quoted section 127 of the insolvency act stating that it goes from when the petition was raised.
where do I stand, as im not in the position to write them a cheque for what was 1mths work I did 5 yrs ago!
my accountants have drafted a response that the winding up followed so no action should be taken, however another in the same accounts company suggested I ignore it
0
Comments
-
dear all
i never got any response to my message below posted a year ago, and this is still on going - latest being following the message below i had spoken to a lawyer who said i did not have a leg to stand on if i went to court on this matter, as its stacked in favour of the liquidator - my accountant has gone back to them with an offer which they refused, they in turn came back with an offer which i still cannot really afford! many have suggested paying x a month, however i do not want this lingering on for yrs (i still cannot beleive that legally they can do this - it was work i did 6 yrs ago, invoiced and was paid for!)0 -
It may be too specialised a question for anyone to know the answer.
I certainly wouldn't think of taking them to court; leave them chase you!
This article suggests you will lose.
More recent case here.I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Unfortunately, yes. This is correct.
When a company is wound up, it is the date that the petition was presented which is deemed as being the point the company was insolvent, and after this point the company has to treat all of its creditors equally. If they don’t, anyone they pay off in full can be attacked by the liquidator as being a preference payment. As they are doing.
Sorry that isn’t what you wanted to hear.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards