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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My wife ran a limited company which ceased trading over 1 year

Customer Question

My wife ran a limited company which ceased trading over 1 year ago. Her accountant has changed a bill from the now closed company name to her personal name and continues to pursue her for payment. Is this right and legal?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : Did she sign any terms and conditions please?
JACUSTOMER-9b4e0nn5- :

Yes, as a director of the linited company, either she or I, as director will have signed. Until we began closing the business after our lease was terminated the invoices were to the company not to her as an individual.

JACUSTOMER-9b4e0nn5- :

sorry, i should have said i was secretary not director.

AlexWatts2013 : And no personal guarantee?
JACUSTOMER-9b4e0nn5- :

I don't believe so. I have sent them two letters asking for clarification but they have been ignored/unanswered. The sum is for approx £1100 and they send a statement each month with extra interest added. No correspondence apart from the bill has arrived from them.

AlexWatts2013 : Unless there is a person guarantee then the accountant can not claim anything. The contract for services is with the Company and if this closed down he can not pursue per personally for payment. I assume there is no personal guarantee or anything in their terms that state she would be liable personally for fees then any claim is not valid and can not be pursued.
AlexWatts2013 : Can I clarify anything?

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