Dissolved Company, Creditor Threatening Collection Agency

[lewis18051805]

Hi all,

Hope everyone is well.

My company was dissolved on the 15/12/2020, and I followed the spongebob method exactly.
The companies only debt was an ongoing contract with BT for a phone and broadband account.

I did the correct thing with sending the letter given in the spongebob method, and sent it to them via email and through the post. And also once I had not been trading for 3 months, I sent them a copy of my DS01 as necessary.

So now they are sending me letters saying they are going to be getting a debt collection agency to recover the debt which is £1300 + Charges. Do I ignore this? I am slightly worried about it, as I dont really have £1300 if they are able to get that from me.

Any help is greatly appreciated.

 

[ChrisCallaghan]

Hello Lewis,

Firstly I would double check at Companies House to ensure that your company has been successfully dissolved, and that it hasn't been reinstated by a creditor.

Second, I would then also check the contract with BT to ensure that it was in your limited company's name, and that there was no personal guarantee agreement in the contract (personally I've never seen a personal guarantee agreement for a BT phone and broadband contract).

Assuming you company has been successfully dissolved, and the contract was in the name of your limited company, without any personal guarantee agreement, then they cannot enforce this debt. I would advise the debt collection company to check the status of your company at Companies House.

 

[Digital-Marketeer]

Hi all,

Hope everyone is well.

My company was dissolved on the 15/12/2020, and I followed the spongebob method exactly.
The companies only debt was an ongoing contract with BT for a phone and broadband account.

I did the correct thing with sending the letter given in the spongebob method, and sent it to them via email and through the post. And also once I had not been trading for 3 months, I sent them a copy of my DS01 as necessary.

So now they are sending me letters saying they are going to be getting a debt collection agency to recover the debt which is £1300 + Charges. Do I ignore this? I am slightly worried about it, as I dont really have £1300 if they are able to get that from me.

Any help is greatly appreciated.

We keep garlic behind the door to ward off BT. Strangely for a communications company, they are hard to communicate with.

 

[claire_b]

So now they are sending me letters...

Are they sending YOU letters or sending the business letters?
If the letter is addressed to the company, and the company is indeed dissolved (check Companies House), I would advise you don't even open and simply Return to Sender.

 

[lewis18051805]

Hi Guys, thanks for the responses. The letters are addressed the the company not me. I will await to hear anymore from a debt collection agency or whatever, and let them know, if it comes to that. I have read through my contract with BT and am almost certain I dont have a personal guarentee aggainst it.

 

[claire_b]

I've literally never hear of a personal guarantee for a normal business phone line so I think you'll be fine.
BTW I'm new here too and still hoping to get my first 'thumbs up' in case you're feeling generous. Thanks!!

 

[Mark T Jones]

As above

BT are churning out letters under a process

They will probably send them for 12 months.

Just return them with 'company dissolved' written over the address

 

[lewis18051805]

HI again all. Thanks for your responses. I have now received a letter from a debt collection agency asking for the money +25%, would you suggest I call them and explain to them the situation, or do I disregard / return to sender?

 

[japancool]

HI again all. Thanks for your responses. I have now received a letter from a debt collection agency asking for the money +25%, would you suggest I call them and explain to them the situation, or do I disregard / return to sender?

Out of interest, was the letter in your name or the company name?

In any case, there's little they can actually do to enforce that debt. I mean, they could raise a CCJ against the company, but the company doesn't exist any more!

If they are pursuing you personally, you can demand that they demonstrate proof that you are liable for the debt, which they won't be able to.

 

[Paul Norman]

As above.

If the following are true, you have no personal liability:

1. The company was a limited company
2. The contract was with the company
3. You gave no personal guaruntees (unlikely that you did)
4. The dissolution of the company has actually happened.

If these things are true they are making an error chasing you - albeit one they are routinely known for making!

For them to continue doing so, however, is not legal. It is harassment.

Personally, I would speak to the debt collectors and inform them of the above. Be warned, though. These people are not big listeners. You will need to stay calm and be ruthlessly specific about what you want.

 

[japancool]

And they'll try it on. They'll probably give you all sorts of misleading information. You just need to be sure of your facts, and your position.

 

[lewis18051805]

Thanks for your help guys. The letter was addressed the the company, my name is not anywhere on the letter.

 

[Ozzy]

Thanks for your help guys. The letter was addressed the the company, my name is not anywhere on the letter.

Then has already been mentioned, don't even open the letter. Just write across the front "Not known at this address" and put it back in the post. No stamp needed.

That's assuming the company is really truly closed at Companies House, you haven't confirmed if you have checked that.