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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Our business was declared insolvent 5 years ago, we did all

Resolved Question:

Our business was declared insolvent 5 years ago, we did all we were meant to do in informing creditors by letter that they needed to respond in writing before a certain date to be eligible to claim something from the winding up of the company before this happened.
Our local garage did not write this letter but has pursued us ever since for repayment. Occasionally when accosted by the garage secretary, my wife has given them money towards this sum and now they claim that this means we accept liability for the debt. They now send demands in our name rather than the company name and are threatening the small claims court. Where do we stand?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Were you a Limited company please?
Customer: replied 1 year ago.
Yes we were, summers gardens limited
Expert:  Ash replied 1 year ago.
Ok. Then you are not liable in any way whatsoever. This is because the limited company is a legal entity. This means unless you gave a personal guarantee you are not personally liable in any way.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
That's very helpful, could you just confirm that you believe there is nothing to suggest that having given them some money personally after the event when pressured by the garage secretary would in any way suggest that it means we accept liability
Expert:  Ash replied 1 year ago.
Correct, nothing.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.
Very pleased with your service and if my problem is taken further I will get back to you for more help.

Thank you again yours Toby

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