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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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hi, i spoke to you about a month ago as a company was chasing

Customer Question

hi, i spoke to you about a month ago as a company was chasing me for what they describe as post liquidation debt of a company that i was a director of and has gone into liquidation and has indeed now been liquidated, they have come back saying that as a director i am now responsible for POST LIQUIDATION DEBT as this debt was accrued after the liquidation date and as a director it has passed to me and they are threatening court action
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. If you recall I assisted you with the last question. It would help be considerably if you would now rate my last answer by accepting it. It is important to me for this site.
In the meantime, I am happy to assist you again. Please tell me what has exactly happened since we last spoke? Please provide me full details.
Max
Max Lowry and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

have had a letter from the debt collectors (unicom )acknowledging my response to their demand for settlement and saying that as this debt is POST LIQUIDATION DEBT on behalf of my ex company then the debt transfers to me, i have argued that if the debt is after the company was liquidated how can it transfer to me as it refers to a company that has ceased trading but they just don't answer and say they are going to proceed to county court, this worries me as i don't want a judgement against me but my instinct tells me they are bullying, how can i resolve this, should i go to court and fight it, do they have the right to transfer this debt as they say it is post liquidation and therefore i am not protected in the same way as pre liquidation, HELP

Expert:  Max Lowry replied 2 years ago.
Thanks again for the additinal information. I must admit I am getting the same feeling as you. They are trying to bully you in order to extract payment (some payment). I say this on the basis they have failed to/chose not to provide any information/evidence that the debt is due and more importantly how it is due.
If they issue proceedings and I don't think they will, you will have a chance to file a proper defence and witness evidence. The claimant will need to provide full and detailed information about the debt and on what basis it is due. Keep copies of all correspondence and rely on it if they issue proceedings. They will not be able to get judgment straight away without your knowledge. There will be a process which you will have the opposing being involved with.
Stand your ground.
I'm here if you need me.
Customer: replied 2 years ago.

HI AGAIN, THEY ARE SAYING "I CAN CONFIRM THAT THE DEBT IS FOR THE POST LIQIDATION DEBT OF THE COMPANY OF WHICH YOU ARE THE SOLE DIRECTOR, AS SUCH YOU ARE LIABLE FOR THE FULL OUTSTANDING BALANCE

I CAN ALSO CONFIRM THAT FCA REGULATIONS ARE CONSUMER RELATED; AS UNICOM DO NOT OFFER CONSUMER CONTRACTS BUT BUSINESS TO BUSINESS, THIS DEBT FALLS OUTSIDE OF THEIR GUIDELINES "

DOES THIS THROW ANY FURTHER LIGHT ON THIS MATTER, THE DEBT IS ONLY FOR £242.54 BUT AS A PRINCIPAL I DON'T WANT TO BE BULLIED FOR FEAR OF GETTING A CCJ AGAINST ME, THEY HAVE GIVEN ME 14 DAYS TO PAY OR REPLY WHICH ENDS TODAY, WHAT DO YOU SUGGEST ?

Expert:  Max Lowry replied 2 years ago.
Again, they have only stated you are liab me for the debt as sole director. They have not given any legal reason how and why you are allegedly liable. I think you should do one of two things. First you could write back and state they have not given any evidence to support the basis of the alleged debt and therefore they can issue of they like but even though costs are not ordinarily recoverable in small claims matters they are acting unreasonable for not providing a basis for the claim and you will seek full costs from them at court. Alternatively, you could simply ignore them and wait for them to take the next step - but again you have an argument they provided no basis for the claim.
As I have said they will not simply be able to get a CCJ against you. There is a process and you are fully entitled to defend the claim. And then, a Judge will decide whether you have a good defence to the claim.
This does sound like a company which doesn't have a valid claim and is threatening to issue proceedings. They know some people simply pay up to avoid any problems in the future. This is of course wrong and takes advantage of good natured people.
Please don't forget to rate my previous answer. Thank you.
This question will not close and you can still come back to me.