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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm a co director of a limited company. One of our customers

Resolved Question:

Hi
I'm a co director of a limited company. One of our customers has sent a solicitors letter saying that they want a full refund or a replaced new machine. Trouble is, we no longer run this business and have been planning to shut it down for quite some time. We just planned to run down the customers 12 month warranties then close the biz. What would be our standings on this if we did close the limited company?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Does the customer have any form of personal guarantee from you please?
Alex

Customer: replied 1 year ago.
ok so she has no personal guarantees and also no contract
Expert:  Ash replied 1 year ago.

Ok - then I would not worry. You can still close the business down, there is no comeback on you personally.

You can close the Limited company and then any claim against the company would end - its closed.

But if you are going to dissolve you need to notify any creditors.
If this person is not a creditor (and they have no Court Judgment) then you dont need to notify them you are going to dissolve.

But it does not stop you closing and there will be no liability on you if you do.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Incidentally we have supplied her with another replacement machine(Not exactly the same) and she has 5 star reviews on Facebook as well as loads of comments of how good the results are.
Ok moving forward.... What would you recommend the next step for us would be?
We are thinking of closing down the limited and starting a new one. We need a new one for our clinic treatments.
Basically we have treatment clinics and also used to sell,the machines with training but now only do the clinics.c
Expert:  Ash replied 1 year ago.

Sure. You are not personally liable. You can close down the company.

Does that clarify? Alex

Customer: replied 1 year ago.
Ok great
And can you,suggest way to close the company down??
Expert:  Ash replied 1 year ago.

Just apply to dissolve it.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429544/DS01_V7.0.pdf

I think the cost is £10.

Does that clarify?
Alex

Customer: replied 1 year ago.
Great thanks ��
Customer: replied 1 year ago.
That's all I needed thanks ��
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
Hi again...
We've just realised that she purchased the machine just before we went limited. How does this change things?
Expert:  Ash replied 1 year ago.

Yes, you would be personally liable, assuming she paid the non Limited company.

Does that clarify? Alex

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