eddoakley Posted March 20, 2018 Report Share Posted March 20, 2018 Bit of a strange one this. My internet and phone supplier (small private company) has recently closed. The owner emailed to say that as a result of the breakdown of his marriage he had to close the company. Too much info and very unprofessional I thought. However he has asked that any outstanding payments be made to his new company......can this be right? If a company ceases to trade/exist then does money owed to them then become owed to their new incarnation? Normally I wouldn't care or argue buy I hate the guy with a passion. What's the thought? Not on my not liking him but the position of paying a new company money owed to an old one? It's only a few quid. Edd Quote Link to comment Share on other sites More sharing options...
Munzy Posted March 20, 2018 Report Share Posted March 20, 2018 I wouldn’t do it on principle. Sounds like he’s winding up one company (perhaps even owing lots of suppliers / lenders money) only to receive a cash injection from you. Quote Link to comment Share on other sites More sharing options...
stevo_m Posted March 20, 2018 Report Share Posted March 20, 2018 No, you certainly do not pay into his new company. If anything is owed to the old company then the receiver will need to be paid anything owed. What he is trying to do is to get you to fund the startup of his new company. Do you know if his old company has debt? If so, he is committing fraud by asking you to settle debt by paying into his new company. I’m sure his receivers will be very interested to hear that he’s doing that if for any reason you let that info slip! Quote Link to comment Share on other sites More sharing options...
Medic1281 Posted March 20, 2018 Report Share Posted March 20, 2018 How does the new company show where the money is from? His books won’t match. Quote Link to comment Share on other sites More sharing options...
haynes Posted March 20, 2018 Report Share Posted March 20, 2018 Same as above. Your contract/ debt is with the old company. You might end up paying twice. Quote Link to comment Share on other sites More sharing options...
Flyboy1950 Posted March 20, 2018 Report Share Posted March 20, 2018 57 minutes ago, eddoakley said: The owner emailed to say that as a result of the breakdown of his marriage he had to close the company. He may be trying to scam his wife out of her part of the company, and hide his assets. There may be no elements of insolvancey at all, just greed and pure bl****y mindedness Any debt owed by you is to the original company. Stick by that. You don`t want to end up paying twice. Quote Link to comment Share on other sites More sharing options...
eddoakley Posted March 20, 2018 Author Report Share Posted March 20, 2018 Thanks guys. I was sure that it wasn't right and didn't want to pay him. I want to change to someone else but am dreading the hassle of getting my phone numbers from him and everything else that entails. I have no idea about the status of his old company or how it has been wound up/dissoved/ceased trading. I don't know if there is/was any debt. When he first emailed detailing his marriage break up and the new company info I was quite surprised that anyone would put into writing that they wanted a new company to be paid for debts owed to an old one. "Fraud" was the term used then. I will have a look into it, check the status' rec and see if I can add some more info on here for those interested. Thanks Edd Quote Link to comment Share on other sites More sharing options...
JohnfromUK Posted March 20, 2018 Report Share Posted March 20, 2018 (edited) 2 hours ago, Flyboy1950 said: He may be trying to scam his wife out of her part of the company, and hide his assets. There may be no elements of insolvancey at all, just greed and pure bl****y mindedness Any debt owed by you is to the original company. Stick by that. You don`t want to end up paying twice. I think this is very likely the background (and correct course of action). Edited March 20, 2018 by JohnfromUK Quote Link to comment Share on other sites More sharing options...
Jason_ox Posted March 20, 2018 Report Share Posted March 20, 2018 Be very careful there is a scam doing the rounds that is similar to this. Paying a new company money because the old has ceased trading or switched banks so you’re now paying to a different account number/ sort code. The scammers get access to their email and message their contacts, someone falls for it and pays up money never seen again etc Could possibley be genuine, though he’s clearly trying to get money from you he’s not owed. Quote Link to comment Share on other sites More sharing options...
Mungler Posted March 20, 2018 Report Share Posted March 20, 2018 Do a search on companies house beta or pm me the name. He could have novated contracts prior to dissolution / liquidation but if you have an invoice originally issued to you by the old company (and no other paperwork) and he’s asked you to pay the new one, well that’s a no no Quote Link to comment Share on other sites More sharing options...
Paul223 Posted March 21, 2018 Report Share Posted March 21, 2018 14 hours ago, Jason_ox said: Be very careful there is a scam doing the rounds that is similar to this. Paying a new company money because the old has ceased trading or switched banks so you’re now paying to a different account number/ sort code. The scammers get access to their email and message their contacts, someone falls for it and pays up money never seen again etc Could possibley be genuine, though he’s clearly trying to get money from you he’s not owed. This Scammers are trying all sorts, a friend recently had a phone call from an investment company he uses to clarify one point, he knew nothing about what they were asking him, turns out his email had been hacked, the hacker used his sent folder to find his previous correspondence to the investment company, copied and pasted together an email to ask for updates on account and transfer of funds, the email read exactly like you’d expect him to write, not some poor English that we’re used to from these scams! The scammer even set the receiving emails to delete so my friend would not be notified. If it wasn’t for one small discrepancy his money could have gone. Despite you not liking him may be a phone call is in order. Quote Link to comment Share on other sites More sharing options...
Ultrastu Posted March 21, 2018 Report Share Posted March 21, 2018 If he insists . Offer to pay him in small installments by cheque into his old company name . If he complains .say thats your and his only option . That way a court cant say you arent trying to settle your debts to that company . Quote Link to comment Share on other sites More sharing options...
DanBettin Posted March 21, 2018 Report Share Posted March 21, 2018 (edited) Absolutely, categorically not. He's potentially wrote off debts by closing that, one of the forfeits of which being that the trading ceases. So it's ceased, so tell him no. I don't know the context, but you're bang on the money with that being unprofessional and too much info. 10 minutes ago, Ultrastu said: If he insists . Offer to pay him in small installments by cheque into his old company name . If he complains .say thats your and his only option . That way a court cant say you arent trying to settle your debts to that company . Why would he even consider this? The company doesn't exist. He can't owe the company any money, it's not a personal debt that follows directors around somehow. Edited March 21, 2018 by DanBettin Quote Link to comment Share on other sites More sharing options...
Ultrastu Posted March 21, 2018 Report Share Posted March 21, 2018 Its the line you give him .which he won't actually go for .as he wont get the money .so you have offered to pay and he has declined .so end of situation from your side . You then cant be have any action taken against you for not paying. As he declined payment . Quote Link to comment Share on other sites More sharing options...
DanBettin Posted March 21, 2018 Report Share Posted March 21, 2018 10 minutes ago, Ultrastu said: Its the line you give him .which he won't actually go for .as he wont get the money .so you have offered to pay and he has declined .so end of situation from your side . You then cant be have any action taken against you for not paying. As he declined payment . Apologies! I'd misread - and hadn't noticed 'his old company name'. Not a bad idea then, I'd suggest the OP doesn't need to do this, he can just say no, but it's more tactful than what I was proposing. Quote Link to comment Share on other sites More sharing options...
Retsdon Posted March 21, 2018 Report Share Posted March 21, 2018 Sounds like he's trying to defraud his creditors. Quote Link to comment Share on other sites More sharing options...
eddoakley Posted March 21, 2018 Author Report Share Posted March 21, 2018 19 hours ago, Jason_ox said: Be very careful there is a scam doing the rounds that is similar to this. Paying a new company money because the old has ceased trading or switched banks so you’re now paying to a different account number/ sort code. The scammers get access to their email and message their contacts, someone falls for it and pays up money never seen again etc Could possibley be genuine, though he’s clearly trying to get money from you he’s not owed. I know him and know the situation so there definitely isn't a scam. Not in that sense anyway. It turns out that we did actually pay one invoice into his old details and now he says he hasn't received it. I can only assume that bank account no longer exists as the company no longer exists. He supplies phone and internet to a couple of businesses in the same building and although some of the others have the same opinion of him they don't seem bothered by paying the new company for invoices issued to the old one. To be honest it's probably so much more hassle than it is worth that he will just get paid but I really would like to tell him where to go. Will update Edd Quote Link to comment Share on other sites More sharing options...
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