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Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wedding venue has just informed me that the company has

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My wedding venue has just informed me that the company has appointed a firm of accountants and insolvency practitioners to report back on the company’s current financial situation due to a number of suppliers not being paid.
We have paid up for the wedding in full a year in advance, having been given a 15% discount. We were told this discount was being given as the suppliers were also being paid a year in advance and they were giving a discount to the wedding organisers so that discount was being passed on to us.
This seems to have been a lie, as now we are being told that suppliers have not been paid for other events that have been held at the venue.
The company is a Limited company, and we have solely been in contact with the Director of the company.
In the case of insolvency I don't imagine there will be any money coming back from the company itself. Do we have a leg to stand on trying to make the director liable for the return of our wedding funds, considering we paid based on what are most likely lies he told about suppliers being paid early?
Submitted: 3 months ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

What has the director said about returning your deposit exactly?

Customer: replied 3 months ago.
Hi Ben. Exact wording as below, no mention of financial returns yet:
It is with deep regret that I need to inform you that Mamhead House and Castle Limited has appointed a firm of accountants and insolvency practitioners to report back on the company’s current financial situation due to a number of suppliers not being paid. The accountants will be reporting back tomorrow on the best course of action to protect both clients and creditors. At the time of writing I do not know what that advice will be.
Customer: replied 3 months ago.
the exact wording of the discount offered:
Just a quick scheduled email a year before your wedding as we always offer clients a discount of 15% if they choose to settle their final invoice early. We then pay our suppliers early and in turn receive the same discount, so we feel it only fair to pass the opportunity on to our clients.
Expert:  Ben Jones replied 3 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 3 months ago.

Many thanks for your patience. It is extremely rare for what is known as the ‘corporate veil’ to be lifted. This means that a limited company will have its own legal responsibility and be liable for its own debts and the corporate veil protecting those in charge of it will not be lifted, unless extreme circumstances require it. There are plenty of examples where the directors running the company have not done so in the best manner and have been responsible for losing business, bringing in business based on what could be described as misrepresentation and so on. But that does not make them personally liable for the debts of the company. And it is only in rare cases of serious fraud where it is clear that someone was running a company in a completely fraudulent and negligent manner that the courts may consider making a director personally liable. But I must say – that is very rare indeed and certainly not given lightly and in these circumstances it is very unlikely that it would be applied. Of course there is nothing stopping you from trying to pursue them personally but be prepared for a tough legal challenge.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow should you decide to pursue them anyway. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you
Customer: replied 3 months ago.
I Ben, sorry for the late response. We're hearing back from the insolvency practitioners in a couple weeks with the final numbers not sure of the course of action yet.
Can you let me know the steps to follow if we decide to persue the director please?
Expert:  Ben Jones replied 3 months ago.

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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