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Ask C.Cornel Your Own Question
C.Cornel, Lawyer
Category: German Law
Satisfied Customers: 1181
Experience:  Senior Lawyer at Legal Group
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We are a commercial fencing Contractor - In 2015 we supplied

Customer Question

Hello -
We are a commercial fencing Contractor -
In 2015 we supplied & installed fencing in the UK for a german company -
They did not pay & I had to employ the services of a german solicitor to claim moneys owed -
At the time they offered 20% but I refused & I offered a settlement deal of £5k a year interest free until settled which they accepted -
We received 2 payments - Now a german insolvency administrator is demanding that, after 4 years, I pay back £5k as the last payment was from a company that was already insolvent & that the payment was gratuitous -
Having already lost £11k as a bad debt plus the german solicitors fees as you can imagine I am less that willing to make this payment, nor accumulate more legal costs fighting the claim -
Can you tell me does a german insolvency administrator have the legal power to reclaim the money from a UK company?
Clearly the claim by ourselves was not only justified but generous & as far as I am concerned where that payment came from would be the liability of the directors of the company & not myself -
I look forward to your response -RegardsMark
Submitted: 16 days ago.
Category: German Law
Expert:  Virtual-mod replied 16 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
Hi -
Please continue to find the right lawyer to answer my question -
Looking forward to your response -RegardsMark
Expert:  C.Cornel replied 14 days ago.

Good day Mark.

I have looked over your case and I am afraid it is unlikely you will find an expert here to advise you on such legal matters.

However, the law firm that I am part of can translate the legal document you have enclosed from German to English and I will be able to advise you accordingly.

Please let me know how you wish to proceed.

Thank you.

Customer: replied 14 days ago.
Hello -
That is very disappointing - I would have thought that your German Law experts or your insolvency experts could have offered some kind of advise -
My previously employed German solicitors have already translated the documents, which I attached -
Can you offer any advise of how to proceed?
Expert:  C.Cornel replied 12 days ago.

I understand your concerns.

Upon further review, there is only the document attached in German, however, I can disclose my contact details and you can send me the translated versions as well.

Would that be fine?

Thank you.