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4 year old problem that still bothers me

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  • 4 year old problem that still bothers me

    I am a small business man who has never been able to scale beyond being a one man band. I am an IT professional and most people would call me freelance but I actually have a LTD and desires to employ people.

    About 4 years ago I did some work for a company in Leeds and at the end they disputed the amount I charged although it was agreed in advance.

    I got a bit upset, threatened to take them to court, contact clients and generally acted unprofessionaly as, to be honest not getting paid affected me a great deal.

    I filed a small claims case and the upshot was they employed a lawyer who bamboozled me so I dropped the entire thing.

    4 years later, my LTD (I now have a new one) is now closed but I am still thinking about that payment I never received.

    Can I bring a case as an individual if my company is closed?

    Would it be a normal small claims as an individual or, as the LTD I owned is now no longer in existence, can I no longer claim for this unpaid invoice?

    If I canoca bring action if my LTD is closed, as a director could I transfer the dept from the old company to the new?

    Thanks in advance!
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  • #2
    Basically No. There was no contract between you personally nor your new Ltd company and the client that didn't pay. You brought a court claim against them for non payment and discontinued when things got heavy. You'd need permission from the court for a 'second bite of the cherry' to start with, and you have no cause of action as the Ltd company doesn't exist. So best to put it behind you and look forward.

    Presumably now you have learnt from that non-payment and have terms and signed agreements in place before commencing work for new clients.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      Thanks, and yes I now have a contract.


      • #4
        Good Luck buddy.


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