Utility chasing a debt for dissolved company

[CharlieChops]

Hi all,

I need a little help in tackling this. British Gas have instructed a solicitor to chase an outstanding bill from 2022/23. I was trading from a commercial unit and I ceased trading due to lack of funds in 2023 and applied to dissolve the company (spongebob plan). I duly wrote to my 2 creditors (phone & energy) to tell them this. The company has now been dissolved.

Now British Gas solicitors have found my home address (probably the landlord redirecting them) but not my name, and are requesting payment over a year later. I dont have access to my old business emails so I cant be 100% certain that I agreed to personally guarantee any debt but I have found an online contract and it doesnt mention personal guarantees.

I never traded from my home address so How should I proceed?

[JP Legal]

Hi,

Was your company a limited company? If so, then it is a separate legal entity and incurred the debt in its own right.

In that case, the debt could not be pursued against you as a shareholder unless there was some evidence of fraud to "pierce the corporate veil". In the case of a simple debt for utilities, this seems unlikely.

Therefore, the only way they could pursue you is via a personal guarantee.

Do you remember what they said when you told them you intended to voluntary dissolve the company? They undoubtedly would have wanted to have been involved in that process.

In any event, their request for debt should clearly state that you agreed to a guarantee. If the letter for debt is just addressed to the company, and the company no longer exists, you can respond and state that the company was dissolved on xx date. If you can remember when, I would refer them to the notice you provided of your intention to dissolve the company.

[atticus]

Ask the solicitors to explain exactly why they are writing to you about the company's debt, and to provide copies of all documents on which they rely.

[echat11]

You could send British Gas a Subject Access Request as a Director of the company.

You'll get details, the agreement etc. Your are better dealing with this, with information at hand, rather then I don't think this or think that.

https://legalbeagles.info/library/gu...ccess-request/

[CharlieChops]

Hi,

Was your company a limited company? If so, then it is a separate legal entity and incurred the debt in its own right.

In that case, the debt could not be pursued against you as a shareholder unless there was some evidence of fraud to "pierce the corporate veil". In the case of a simple debt for utilities, this seems unlikely.

Therefore, the only way they could pursue you is via a personal guarantee.

Do you remember what they said when you told them you intended to voluntary dissolve the company? They undoubtedly would have wanted to have been involved in that process.

In any event, their request for debt should clearly state that you agreed to a guarantee. If the letter for debt is just addressed to the company, and the company no longer exists, you can respond and state that the company was dissolved on xx date. If you can remember when, I would refer them to the notice you provided of your intention to dissolve the company.

Yes it was a limited company. I only had 2 creditors (phone and energy) and wrote to them both. I didnt hear anything back from them. I now cant find a copy of the letter for the exact date but it would have been Jan 23.

[atticus]

Were you a director or shareholder of the company? If so, it will be easy for anyone who knows the company to find your name and probably address. It does seem odd that the solicitors have written to your address but not used your name. To whom is the letter addressed?

The suggestions that echat11 and I have made will help you obtain information whether you gave a guarantee or whether there is any other possible basis of claim against you, but will require you to give your name.

[CharlieChops]

Were you a director or shareholder of the company? If so, it will be easy for anyone who knows the company to find your name and probably address. It does seem odd that the solicitors have written to your address but not used your name. To whom is the letter addressed?

The suggestions that echat11 and I have made will help you obtain information whether you gave a guarantee or whether there is any other possible basis of claim against you, but will require you to give your name.

Yes I was one of two directors, both living at the same address and we had 50% split with ownership/shares. The letter is addresses to the company name and then my home address.

Should I give them my name? I mean its all there on CH on the certificate of incorporation? it just feels like a bit of a phishing expdition at the mo - and the bill is £198.15 so not a major amount. I will pay if liable, but I dont think I am.

[atticus]

I doubt it is phishing.

[CharlieChops]

I doubt it is phishing.

Apologies I didnt mean phishing in the scam sense, I meant that ' it is owed so lets see if they morally just pay it any way'.

My initial application to dissolve was objected to by a utilies comparison site , through which I had signed up to British Gas. They were after their lost commission and I remember the guy saying to me that I had a moral obligation to pay it - even though I had told him the reason I was going out of business was due to lack of funds and the business had no money to pay it. He told me to find a job or borrow it and pay it. I didnt and just rode it out.

[atticus]

Can I remind you of the question I asked about the letter you have received: to whom was it addressed?

[CharlieChops]

Can I remind you of the question I asked about the letter you have received: to whom was it addressed?

the company name, my home address, then dear sir madam

[atticus]

So the letter is not to you. Your choice is to reply that regrettably the company has been dissolved or to ignore.

[CharlieChops]

So the Debt Solitors have decided to ignore my correspondance stating that the company is dissolved and I can no longer help them and have sent a draft copy of what a court summons will look like.

But they are still using my home address on the documents. I never traded from my home address - the contract i entered into was at a business unit.

Surely if I had signed any kind of personal liability they would have sent me a copy to prove that I was personally liable? Can they issue a summons to an address the company never traded from?

[atticus]

Who is named as defendant on this attempt to bully you?

[PallasAthena]

So to clarify, it isn't an actual court summons, it's their mock up of what a court summons would look like if they issued one? LoL. That's a new one in debt collecting BS creativity!

Leaving the address issue aside, whose name appears their fake court summons, yours or the now dissolved company?

I think 'fishing' is exactly what they are doing, trying to unerve you to see if you will pay. You've told them once that the company is dissolved. Don't bother telling them again. I would just ignore them from now on unless and until they send you a formal "Pre-action Protocol Letter of Claim" or you get anything that actually comes from a court.