In 2009 my Agency went into liquidation and I lost some 11 weeks of money (as did several others). The writing was on the wall so I had not submitted invoices for some 6 weeks.
The agency was finally declared dissolved mid 2013 and so in Sep 2013, I sent my unpaid invoices directly to the client (public sector). At first everything was going remarkably smoothly and they agreed to make payment in a “timely manner”. My invoices were then handed over to procurement and that’s when it all changed.
The client has now changed their story and despite numerous telephone calls and emails, they simply claim “it’s complicated” and have to legally verify many aspects of my payment request.
As of last week, they are now suggesting that the liquidators are claiming that the money should be paid to them. They haven’t put any of this in writing and any email response continues to state they are “investigating”.
I am planning to take legal advice but was wondering if anyone had experienced anything similar to this?
Several points I’m looking to raise with a legal advisor are:
1. Once a company has been dissolved, can a creditor continue to collect & distribute any debts?
2. Would the only possible claim the liquidators could have on my invoices be the commission aspect only?
It’s very much looking like the client has no intention of paying me unless I take legal action and they may even opt for paying the liquidators instead.
The agency was finally declared dissolved mid 2013 and so in Sep 2013, I sent my unpaid invoices directly to the client (public sector). At first everything was going remarkably smoothly and they agreed to make payment in a “timely manner”. My invoices were then handed over to procurement and that’s when it all changed.
The client has now changed their story and despite numerous telephone calls and emails, they simply claim “it’s complicated” and have to legally verify many aspects of my payment request.
As of last week, they are now suggesting that the liquidators are claiming that the money should be paid to them. They haven’t put any of this in writing and any email response continues to state they are “investigating”.
I am planning to take legal advice but was wondering if anyone had experienced anything similar to this?
Several points I’m looking to raise with a legal advisor are:
1. Once a company has been dissolved, can a creditor continue to collect & distribute any debts?
2. Would the only possible claim the liquidators could have on my invoices be the commission aspect only?
It’s very much looking like the client has no intention of paying me unless I take legal action and they may even opt for paying the liquidators instead.
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