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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I was the Director of 's Pantry. The restaurant suffered a

Resolved Question:

I was the Director of Nancy's Pantry. The restaurant suffered a devastating fire on 09/09/14 and Nancy's Pantry was never operational again. In fact we did not step foot in the restaurant since the fire. I dissolved the company in March this year. I am being pursued by EON for a gas bill from 01/01/15 - 01/01/16 for £2200. They are now threatening legal action as I refuse to pay this on the basis that I did not use any gas and the company now no longer exists. I would like to know if have any liability in this scenario. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. A director is not liable for a limited company's debts (except in limited circumstances for example if they traded the company knowing it was insolvent), and if the bill is in the name if the company EON can only pursue the company for the money. What I would recommend is that you write back to EON as follows:

(i) Say you deny any liability for the debt, say it is solely the responsibility of the company;

(ii) Say that it is a criminal offence to harass someone for a debt they do not owe, under S.40 of the Administration of Justice Act 1970;

(iii) Say that if they do not stop pursuing and threatening you, you reserve the right to complain to their regulator

https://www.ofgem.gov.uk/ and trading standards.

I look forward to hearing from you.
Kind regards AJ

Customer: replied 1 year ago.
Thank you. They keep responding to me that as my lease for the building was not surrendered until 10/12/2015 - even though the property management company spent the time from 09/09/14 - 10/12/2015 repairing the building with absolutely no input from Nancy's Pantry in any way as it was covered by their insurance, that I remain liable. I sent them the email you suggested, but this is what they have sent back:
-----------------
Hi Gemma,
As advised on 25 April 2016
“We were informed by Lambert Smith Hampton in January this year that your Lease was surrendered to them on the 10/12/2015. As such, until we receive something that contests this, we have to leave the account as it is. “
Please supply us with the relevant documents.
Thank you
Credit Operations Legal Team
T:0115(###) ###-####
Expert:  Alex J. replied 1 year ago.

Thank you. Who had their name on the lease? And who's name is ***** ***** invoice? Kind regards AJ

Customer: replied 1 year ago.
Thank you. Nancy's Pantry's name was on the lease and they have sent the invoice to Gemma Timms t/a Nancy's Pantry, although the account was set up as Nancy's Pantry with them.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. There only option would be to sue for the money if you refused to pay, and you could defend this on the basis that your name was not on the lease or the account. Is Nancy's Pantry a limited company?

Customer: replied 1 year ago.
Nancy's Pantry was a limited company. Thank you
Customer: replied 1 year ago.
Do you think I should respond to them or ignore it?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. You should write back to them and say:

- They have cynically altered the name of the account to suggest it was started a sole trade, when clearly it was in the name of a limited company;

- Say that your name was never personally on the account or the lease;

- Say you deny any responsibility for the invoice - and you will to any court or regulator the attempts they have made to extort money from you;

- Say you will seek to recover from the cost of defending any claim.

Just to confirm you at no point personally guaranteed the utilities?

Kind regards AJ

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