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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2 years ago I lost around £6k to a company that has gone into

Resolved Question:

2 years ago I lost around £6k to a company that has gone into voluntary liquidation. I attended the liquidators meeting to be told by the liquidators don’t waste your money on any legal claims as any funds will be spent on the administrators fees. I wrongly or rightly accepted this and managed to keep my head above water financially. I have since found out the director of this company has folded 7 Ltd companies in the last 12 years.
I understand in the case of voluntary liquidation the process has to be kicked off 12 weeks before the liquidators meeting takes place, and this is where it gets interesting as it has become clear the Director of the company acquired my services 8-9 weeks before this took place. I have been advised that this is an illegal practice to procure someones professional services as he already knew the company was going into liquidation, and that I have some cause to chase the director personally for the loss I have had. Can you advise if this is correct and if I have any chance of collecting what is owed.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Customer:

hi

Customer:

hi again

Customer:

??

Customer:

mmmmm, not sure what is going on. do you want to call me *********** /p>

Customer:

am I missing something here? I do not have an answer to my question?

Customer:

can you please advise why you are in and out of chat but not responding to my initial question?

Customer:
Alex Watts has stepped out of this chat.



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<div id="mf134" class="JA_chatMsgAuthor"Customersays:

8:03 PM



can you please advise why you are in and out of chat but not responding to my initial question?






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Customer:

I have received an email saying you have replied to my question, but I do not see an answer. Please advise???

Alex Watts : Sorry I asked something else. I am just on the train.
Alex Watts : How close to going under did you do work?
Customer:

please read the question

Alex Watts :

You say 8-9 weeks, but I wanted to confirm that.

Alex Watts :

You need to write and set out your losses and request a refund to the original Director within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfand take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. You are asking the Court to allow a claim against him personally because of the link between the Companies and indeed he must have known that it was going under BEFORE the work was carried out that you did. You are asking the Court to make him personally liable because of this.



Can I clarify anything for you about this today please?

Customer:

thank you for your response. you say "write and set out your losses . . . .within 14 days" within 14 days of what??

Alex Watts : 14 days receipt of letter, which is why you are sending it recorded.
Alex Watts : Does that help?
Customer:

ah ok I understand! many thx again.

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