Can a company in administration come after you for a debt?

[nicole9914]

We had a contract with a company that went into administration, for a monthly rental of equipment. The directors have now set up in a different name, and have sent me an email (in their new commpany name) asking for monies owed. They have threatened us with a winding up order, even thought the supposed debt is around £750. Although this is desputble as we have not received any backup from the original company.

Can the directors sell their debts onto their new company before they went into dministration, then chase us. And can they pply for a winding up order against us, as we have had no contact with either company for at least 6 months

[kinell]

pay nothing...for now

if the company went from administration into liquidation then you should have been contacted by the liquidators

if the administrators have sold the company then you should also have been notified

if you have not been notified either way then you cannot safely make any payment in lieu of your contractual obligation

if there was some sort of service agreement attached to the rental and they have failed to honour that i would be inclined to treat that as breach of contract on their part

[Davethedog]

Kinell is right any debts or payments due to a company in administration are the responsibility of the administrator or liquidator.

By paying this you would deny the creditors even a small amount of repayment.

Not only that there is a rule about directors of companies in administration being able to be directors again.

I would send the letter (copy) to the administrator of the company. If you actualy payed I think you would still be liabel to pay the old company.

[nicole9914]

Thanks so much for your advice, I havent paid anything. The new director tried to say he got us to sign a contract in with the new company. I found all my documentation out and he was lying. Cant believe there are so many crooks out there. When you only a small family business, its most frightening to get bullied in this manner.

Thanks again