Thread: Receivership advice???

Originally Posted by isuzurover

Bugger - is this the AC company???

Btw - are you a tiler? Interested in small jobs?

Taff did some bathroom renovation work for me recently and l cannot speak highly enough of his work, l have to the missus loved his work and personality and by the way he drinks tea on the job not coffee

WAZ no unfortunatly

Coupla things.

If the company is not in receivership and you have implied that it is, and you have posted its details on this forum, then this might be seen as libel or slander.

Don't know how it works where you are, but here if you are an unsecured creditor then when a company goes into liquidation or receivership your claims come after all secured debts have been paid.

Alan

Originally Posted by taff

thanks david
i paid by bank transfer but not into an account with the business name but into an account under his name so i presume his personal account.

Taff

The way I understand the situation is .....

If the company is in receivership ... All you can do is ask for the contact details of the receiver // which he has to legally supply to you ... and then lodge a claim with them // and you will have to stand in line with the rest of the creditors

ALSO ... if the Boss made a sale knowing full well that he was in receivership or insolvent ... then the boss is at risk of a jail sentence // it's basically called fraud .. or "trading insolvent"

But ... here's the twist
You paid him doe to a personal account .... You can do him through the courts on "small claims" // however // if he is broke then the courts will not force him to pay, as his exit is either "Hardship" or "Bankruptcy" ... however he may not want the title of bankrupt ... and is only after a company insolvancy // hit em up with this issue and he may make an executive decision


But the main twist to all this is ... you may get your doe back ... or the (goods that you were after) ... but the insolvency company may chase you personally for the return of the doe, as you have been given preferential payment (treatment)

DISCLAIMER
The above is based on a recent purchase ... not a long time ago
The above is not professional legal advise ... but my thoughts only ....



I have no idea if you bought goods ... or just shares ... or if was a recent transaction (last week) ... or years ago



Sorry for your grief

Mike

Your company search showed the company status as 'current', this would change to 'In receivership' if a receiver had been appointed. It is also law that an ad be placed in a large circulation daily paper telling the public that this has occurred. You might do a search of the personal notices of the Herald Sun or The Age to see if this has been done.

IF he has appointed a receiver then yes, he must notify you of who that is so that you can register your claim. (You'll get a letter from the receiver if you are on his list of creditors anyway)
By the sound of things, you are an unsecured creditor unless this bloke signed a personal guarantee document with you in which case, you will probably not get your money back from his company.
If you have paid money into his personal account and not received the goods ordered, then you may have a claim against him personally either for the goods, or the cash providing you can produce credible evidence of the transaction including what the payment was for.

I'm not a lawyer either so I'll put a disclaimer here to, but I'm pretty experienced in these matters.

If all else fails, there are people who will get you 50cents in the dollar.... but you may not want to go there

Originally Posted by disco2hse

Coupla things.

If the company is not in receivership and you have implied that it is, and you have posted its details on this forum, then this might be seen as libel or slander.

Don't know how it works where you are, but here if you are an unsecured creditor then when a company goes into liquidation or receivership your claims come after all secured debts have been paid.

Alan

he wrote in his original post that the person of the business has said that its going into receivership.....its not something that taff has implied just what he has been told.

I'm guessing he is on here to find out whether the guy that owes him money is trying to pull a fast one by stating this and then getting out of the debt.

Originally Posted by dullbird

he wrote in his original post that the person of the business has said that its going into receivership.....its not something that taff has implied just what he has been told.

I'm guessing he is on here to find out whether the guy that owes him money is trying to pull a fast one by stating this and then getting out of the debt.

bang on there DB, he's been ******* me around for a while now and yesterday told me he was in receivorship and that i could go ******************************* and more **************************** for my money.
just trying to pursue all legal avenue's before i go book myself a flight.
i've left another message giving him till tomorrow to phone me back and sort it out before i'll get onto the relevant people.
to those who offered advice both through this thread and by pm thank you very muchly