- Original Poster
- #1
Hi Everyone, getting a little confused. We closed our company, still with some outstanding debts that we were unable to pay and had no assets to do so. I was advised by our accountant to send the following letters to all creditors, which I did. I was told that unless they objected to the striking off and applied to put us into liquidation then that would be the end of the matter.
I am writing to inform you that ABC Company (Company Registration Number 123456789) is technically insolvent, having ceased to trade on 1st July 2022.
The company has insufficient funds or assets to formally go into liquidation, and therefore, invites creditors or members to issue winding up proceedings should you wish to do so. If it is not subject to any formal winding up proceedings the intention is to apply for the company to be struck off under Section 1003 of the Companies Act 2006 after a period of three months from the above date.
Yours faithfully"
For what it's worth there weren't many people we owed money to outside of family and friends (who we are paying back personally), just a couple of big boys including our credit card payment processore and our energy company who frankly right now I couldn't care less about them not getting their money. Anyway, I digress....
One company has got in touch and asked us about some outstanding invoices. I replied that we had ceased trading and attached a copy of the above letter that had already been sent by post. She replied and asked for contact details for our liquidator for a proof of debt form. I replied and said there was no liquidator. She replied and asked me to send her a proof of debt form, from the liquidator. I again replied and told her again that there was no liquidator. Today I received an email from her boss/colleague, saying;
"I am a little confused as to why you do not have your liquidators' details. We are going to be ceasing all your services and raising early termination fees and then complete the proof of debt form to your liquidators. If you do not have a liquidator, then please confirm when payment will be made for the attached invoices"
Now....am I being thick and I've got this wrong/been given bad advice, or is she? They have literally been sent our letter outlining the position three times now, by mail and twice by email. As far as I understand it, unless they want to force us down the liquidation route and object to the striking off then there is nothing they can do. We're actually only talking about a few hundred pounds, all fees up to and including us ceasing trading were paid, it's just that they have basically refused to cancel our contract and have continued to bill us.
Any advice appreciated, thankyou.
I am writing to inform you that ABC Company (Company Registration Number 123456789) is technically insolvent, having ceased to trade on 1st July 2022.
The company has insufficient funds or assets to formally go into liquidation, and therefore, invites creditors or members to issue winding up proceedings should you wish to do so. If it is not subject to any formal winding up proceedings the intention is to apply for the company to be struck off under Section 1003 of the Companies Act 2006 after a period of three months from the above date.
Yours faithfully"
For what it's worth there weren't many people we owed money to outside of family and friends (who we are paying back personally), just a couple of big boys including our credit card payment processore and our energy company who frankly right now I couldn't care less about them not getting their money. Anyway, I digress....
One company has got in touch and asked us about some outstanding invoices. I replied that we had ceased trading and attached a copy of the above letter that had already been sent by post. She replied and asked for contact details for our liquidator for a proof of debt form. I replied and said there was no liquidator. She replied and asked me to send her a proof of debt form, from the liquidator. I again replied and told her again that there was no liquidator. Today I received an email from her boss/colleague, saying;
"I am a little confused as to why you do not have your liquidators' details. We are going to be ceasing all your services and raising early termination fees and then complete the proof of debt form to your liquidators. If you do not have a liquidator, then please confirm when payment will be made for the attached invoices"
Now....am I being thick and I've got this wrong/been given bad advice, or is she? They have literally been sent our letter outlining the position three times now, by mail and twice by email. As far as I understand it, unless they want to force us down the liquidation route and object to the striking off then there is nothing they can do. We're actually only talking about a few hundred pounds, all fees up to and including us ceasing trading were paid, it's just that they have basically refused to cancel our contract and have continued to bill us.
Any advice appreciated, thankyou.
