Hi,
I'm a newby first time poster having just stumbled across this site. I'm really hoping someone has experience of my situation and can therefore help me with a problem... :)
I am a sole trader in a service industry and carry out work on an invoiced basis to larger companies that outsource specialised jobs to me. One of my better paying customers was taken over by another (not so great) company earlier this year whilst still owing several unpaid invoices (totalling about £2k). The company has sold off the arm of the company that I carried out work for but are still trading as the same name etc despite having a different address. I have sent reminders and letters which have all gone unanswered. Phonecalls I have made result in being told that since they have been taken over they are no longer liable for my invoices and there is nothing I can do. Can this be correct? I have had similar happen before - however in those cases companies have gone into administration (in some cases for a matter of hours) before being 'taken over' by another company - in those cases I haven't been paid any money at all.
I sent a letter to the Financial Director last week requesting payment once again. This was the standard 7 days notice before pursuing in court. They phoned me within a few days claiming that they want to correspond however only by email - not by letter - and to say that they are still not liable to pay for my invoices.
I'm hoping to pursue these invoices through the small claims court but obviously want to get my paperwork right.
Who is liable for this money? Is it the original (still trading) company that sold off this division to someone else or is it the company who bought it? The new company took over the premises, staff, customer contracts etc.
Where do I stand? Any advice would be appreciated greatly.
I'm a newby first time poster having just stumbled across this site. I'm really hoping someone has experience of my situation and can therefore help me with a problem... :)
I am a sole trader in a service industry and carry out work on an invoiced basis to larger companies that outsource specialised jobs to me. One of my better paying customers was taken over by another (not so great) company earlier this year whilst still owing several unpaid invoices (totalling about £2k). The company has sold off the arm of the company that I carried out work for but are still trading as the same name etc despite having a different address. I have sent reminders and letters which have all gone unanswered. Phonecalls I have made result in being told that since they have been taken over they are no longer liable for my invoices and there is nothing I can do. Can this be correct? I have had similar happen before - however in those cases companies have gone into administration (in some cases for a matter of hours) before being 'taken over' by another company - in those cases I haven't been paid any money at all.
I sent a letter to the Financial Director last week requesting payment once again. This was the standard 7 days notice before pursuing in court. They phoned me within a few days claiming that they want to correspond however only by email - not by letter - and to say that they are still not liable to pay for my invoices.
I'm hoping to pursue these invoices through the small claims court but obviously want to get my paperwork right.
Who is liable for this money? Is it the original (still trading) company that sold off this division to someone else or is it the company who bought it? The new company took over the premises, staff, customer contracts etc.
Where do I stand? Any advice would be appreciated greatly.
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