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Notification of intention...????

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  • Notification of intention...????

    Ive just recieved a notification of intention from an ad agency.
    The ad was cancelled in 2010, well within the timescales requested for cancellation. It was a three year contract. The company ceased to trade as the advert claimed so we cancelled all adverts.
    Last year they chased my mum (at the previous address of the company) she paid £360 to a debt collector as she didnt know what it was for and they scared her.
    Ive contacted them to say the ad is not showing (at a local leisure centre that we attend regularly) they say it is. I said I think they are confused as we cancelled via letter within the first 6 months as directed to do so by them. The letter was not recorded delivery and we recieved no confirmation. This went unnoticed as the ad stopped running so we assumed all was in hand.
    Now we are being chased for £960 plus court fees.
    The letter gives no instruction other than to pay up. It says 'To commence proceedings at Birkenhead county court (Im in Sussex!) dated 28/01/2013 No further correspondence will be issued' ????
    I dont know what/who to contact other that the company who will obviously just ask for the money.
    Also we are actually in the process of striking off the company anyway as its not trading well. Certainly there is not £9.60 in the account let alone £960!
    Do I continue to strike off and attend court to defend? Or can they even still take a cokmpany to court when its been struck off?
    If we dont have the money what can they do? I dont think a personal gurantee was signed either. We are/were a limited company.

    All advice welcome! Thank you.
    Tags: None

  • #2
    Re: Notification of intention...????

    From experience when a company no longer exists and has no assets the debts die with it presume this is LTD company

    Comment


    • #3
      Re: Notification of intention...????

      Hi, thank you and yes its a ltd co. Well at the time of them sending this notification - 28/01/2013 we were not struck off. We sent the signed strike off form and fee on 31/01/13.
      With these dates in mind are we still liable to go to court etc?

      Comment


      • #4
        Re: Notification of intention...????

        Dear Curs or Mad-men,

        I am grateful for your having intimated to me the intention of your company.

        In return, I feel that I should be equally candid about the intention of this moribund and almost penniless company: as the adverts were cancelled in plenty of time, the response of this company would not be significantly different from that of the defendant(s) in the 1971 case of Arkell v Pressdram.

        Yours Faithfully, etc

        Comment

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