CCJ and Debt advice please

[beautiespot]

Hi,

 

I received a claim a week ago from a company that claims I purchased something on their website...after the so called purchase, I received a email from them with the different machine and finance options available - hardly a purchase if I am asked what it is I am after?!!

 

Anyway, this has now progressed somewhat. The company that claimed I owed them £10k have now been struck off at companies house and have stopped trading, I have had this confirmed by an old Director. The companies solicitor is now saying that the new company with new name and company reg number is following on with the claim.

 

Questions;

 

Can they do this?

My alleged debt was with another Ltd company?

Are they able to transfer debts from a struck off company?

 

Any advice would be greatly appreciated.

 

Thanks

 

Dan

[indizine]

No you cannot normally transfer a debt from one Ltd Co to another unless it's some sort of takeover, and especially not if struck off, but am sure an accountant here can verify that for sure. Only the official receiver of a company in liquidation can try to recover a debt, so far as i'm aware.

 

If you did not take delivery of this said machine then you owe nothing anyway.

Edited January 9, 2013 by indizine

[beautiespot]

Hi,

 

Thanks for that. To be honest I am still in shock they are pursuing it! They are claiming the machine is waiting for me and the costs of me placing the 'order' has cost them £2k+. A former director contacted me to apologise and said the main shareholder is the one that won't let go and there are others like me.

 

Apparently they are trying to move the debtors over, but I am in agreement, it's a new legal entity so how is this possible?

 

If someone with a legal background can respond that would be great.

[indizine]

So you definitely in no way shape or form placed an order for a machine with this original company?

 

There are no lawyers hang out on this part of the forum that give legal replies, only accountants who should be able to verify.

 

However i'm noting you seem more concerned about whether new company can make the claim...why would that even matter if you never ordered the machine? It's irrelevant if it's company A or B or d E and F chasing it......if you never ordered it then those questions don't even come into it......or do they?

 

So what if old company are moving debtors over? You are not one, correct? Why does it matter whether they can do it or not? It only matters if you placed an order with original company then you'd need to argue the fact that company B can't chase you for old co's debt.

[beautiespot]

Hi,

 

Your are correct, my explanation suggests I placed an order. Well I did to some degree. To cut a story short, I went through the checkout process as there was no information about their finance and leasing options. Having placed the 'order' I then had a sales call from a local sales guy who talked me through the machine available and the leasing options, all of which were not possible with the budget we had. In addition, I was doing this on behalf of a company, not as a single person...after all why would I want a medical grade laser machine for my house. There claim is against me directly, not a company and they claim

Me clicking on buy has entered me in to a contract to buy a machine I knew nothing about or had any information surrounding the lease.

 

They are simply trying to pull a fast one.

 

Thoughts?

 

---------- Post added 09-01-2013 at 21:18 ----------

 

And the company Crystal Medical Ltd have now stopped trading and the new company Clinical Lasers are now suggesting they can carry on pursuing the debt even though they are a brand new co?

 

---------- Post added 09-01-2013 at 21:19 ----------

 

A total and utter bunch of crooks!

[indizine]

First, why would you go through checkout to buy a machine that you had no prior info on to make the final informed decision? Surely you would know (regardless of the resulting problems) you are entering into some sort of purchase contract and usually 'buy now' does involve making a payment - but I assume that didn't happen? If not, what did happen at checkout exactly?

 

You will need this info should you need to argue your defence, unlikely as it is though.

 

Moving on, what company information did you enter at checkout? Again they can only claim against the details entered. If you entered Limited Company name then that's who they claim against, if sole trader then yes they claim against you as an individual.

 

Now to the point if they have a claim, as said already and regardless of all of the above, they cannot simply close down company A with debts and start company B and chase and try to claim those same debts from Company A - not if Company A was "struck off".

 

Now on checking at Companies House, so far there is only a proposal to strike off, it has not yet happened. In this time Crystal Medical can still chase any debts. As no accounts have been filed that were due last May, seems like CH are looking to strike them off. This takes 3 months after the Gazette advertisement is published.

 

There is no company called 'Clinical Lasers Ltd' so perhaps this is the other director who is now a sole trader and thinks they can chase and claim old debts from old company. They can't.

 

Hard to say if it's a scam, but many people set up a Ltd Co, trade, take payments for goods and services, then don't submit accounts and thus don't pay tax, and CH strikes off the company. No action from nobody. Legal loophole. However, you are not obliged to pay anyone other than the original company, and ONLY if you purchased the machine. You can argue you never received anything so there was nothing to pay. It would go nowhere in court (which they won't do anyway) as they haven't submitted accounts to CH or even HMRC by sounds of it (the two go together usually!) so just wait until it closes then it's dead anyway.

[citroen999]

does distance selling rules not apply?

 

nothing signed on trade premises so i assume you can back out

 

---------- Post added 09-01-2013 at 22:13 ----------

 

tell them to take you to court... it wont happen..

[indizine]

DSR does not apply to B2B

[wysiwyg]

Current Companies House record for Crystal Medical Ltd shows that its status is active - proposal to strike off. This could simply mean that it has not filed its accounts on time. The company will be dissolved 3 months from the date of the first notice published in the London Gazette if no action is taken by any interested party. I don't have access to the relevant databases at home but a web search suggests that the strike off may currently be suspended.

 

If a debt is owed to one legal entity the debt can be assigned to another legal entity but there would need to be a formal transfer and you would (or should) receive some documents relating to this. Of course there is nothing to stop the second company chasing the debt as an agent of the first company. If legal proceedings were issued the Claimant would have to be the first company unless the debt had been assigned to another party.

[SUZIFACE]

So you definitely in no way shape or form placed an order for a machine with this original company?

 

There are no lawyers hang out on this part of the forum that give legal replies, only accountants who should be able to verify.

 

However i'm noting you seem more concerned about whether new company can make the claim...why would that even matter if you never ordered the machine? It's irrelevant if it's company A or B or d E and F chasing it......if you never ordered it then those questions don't even come into it......or do they?

 

So what if old company are moving debtors over? You are not one, correct? Why does it matter whether they can do it or not? It only matters if you placed an order with original company then you'd need to argue the fact that company B can't chase you for old co's debt.

 

This was my thought, if you have not received anything, you need to concern yourself that your credit status has not been affected. Maybe this was a false claim to start with, the company could be trying it on as they were obviously in financial difficulties. CAB, trading standards, if you need further assistance