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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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I have just found out that a company who owed me money went

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I have just found out that a company who owed me money went into liquidation 3 years ago, I was not contacted by the liquidators at the time. I have chased the debt many times by email and in person in a reasonable fashion as the company was owned by friends. Either they didn't disclose me as a creditor to the Liquidator or the Liquidator did not follow up the information provided. I suspect the former. Do I have any recourse? Am I permitted to contact the Liquidator to ask whether they had my details?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I should also add, that these friends owe me personal money, outside of any business dealings I have had with them. I am also pursuing them for this debt as well.
Expert:  Buachaill replied 1 year ago.
1. Dear Kate, it is perfectly acceptable for you to contact the liquidator in order to see if they have your details. Be aware that the normal procedure for claims in respect of a company is that there is an advertisement placed in a newspaper seeking all claims against the limited company. Creditors, such as yourself, are then expected to write to the liquidator with notice of your claim. These notified claims then become the debts of the company in liquidation, as well as any other claims the liquidator is put on notice of. Accordingly, as your friends were not good enough to put the liquidator on notice of your claim, you needed to formally notify the liquidator of your claim when he advertised for claims. I regret to say that 60 days after notification of claims, it is no longer possible to get a claim accepted as the liquidator is then allowed to seek to wind up the company or bring it to an end. this then ends all potential claims against the company as all creditors are paid a dividend of a few pence in the pound and then the company is ended. So, if you are only now, three years later, notifying the liquidator, I regret to say that your claim will not be admissible as a debt of the company as the company will have been wound up (and brought to an end). So you will have to seek personal redress against these people personally for the money they owe you, if that is possible.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thank you. ***** am aware of the Gazette and indeed of the 60 days, I was more interested to learn that I can contact the Liquidator and check directly. I guess I was interested to see what the legal obligations were in terms of informing a Liquidator of who your creditors are. By not informing the Liquidator, potentially my (now ex) friends have deliberately withheld information in terms of their company situation during the insolvency process.