They are saying that of the £2,000 worth of monthly customers that we sold have cancelled and that we therefore owe them half the money they paid back..
I have attached a copy of the contract of sale to this email.
We did offer a guarantee against the cancellations but as we as a company have been unpaid by others since the sale. We are currently owed £14,300 that we have absolutely no chance of receiving as the person owing it to me has gone bust.
I cannot honor the guarantee and I do not have the funds to repay
I really thank you for the advice you have given so far.. It has help to simplify my position somewhat..
The individual I sold the work to (Eamonn) has said that I made claims against the work (which I did not) and that he recorded our meeting along with subsequent telephone conversations. I can not for the life of me think what he thinks he has proof of as we simply sold the business as it was described. We even took him out on a trail day with us where 4 or the 5 customers he cleaned were new customers so he could clearly see the customers and how the work was cleaned..
Below is an cut and paste of his email to me..
This has raised two questions.
Is such a recording even legal?
If I had a guarantee in place and I did not fulfill on it then am I still liable..
What do you think of his email and the validity of his threats
I do thank you for your help here, and look forward to your response.
Ok one last question..
You appear to say that I be pursued as an individual if the company is closed.. I was given to understand that debts and liabilities are tied to the company not the director.
I only found out today that the company is being struck off. I was sent a copy of this with the email I received from Eamonn. I have looked into it as much as I can whilst companies house is closed but it looks like this is absolutely my fault as I moved and did not tell companies house that I had moved.. Everyone communicated with us via email and I totally forgot to update the records. It would appear that I am being struck off due to my company return not being made with companies house..
I am thinking that I should offer to extend the guarantee with him and replace the lost customers (an option previously rejected by Eamonn) but as I do not have the funds to refund and the company is being struck off (date on the gazette notice 9/6/15 meaning the company will close on 9/6/15)
What would your professional advice be please