CH1 Posted November 23, 2008 Report Share Posted November 23, 2008 A few months ago I posted on here (can't find it now as its more than 2 months old) so looked like its deleted so will post the topic again. A few months ago I bought a house with tenants from a LA who is also an estate agent and who also owned the property. Accidentally my tenants paid them the rent and for the last 6 months I have been chasing them to return this rent. After 3 months of getting no where I used a non-local DC at the suggestion of someone here -that too came back fruitless they did not respond or pay the demand. They told a pack of lies to start with that they are paying or cheque has been sent etc but it never was and even fobbed off the DC. In the end DC said the only way to get the money would be thru' the courts. However, recently they have conveniently claimed themselves as bankrupt and have sent a letter to that effect. So what happens here? is my debt with the company or them as individuals from whom I bought the property off - who unlawfully kept monies that did not belong to them and failed to return it. Any advice appreciated, thanks. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted November 23, 2008 Report Share Posted November 23, 2008 A few months ago I posted on here (can't find it now as its more than 2 months old) so looked like its deleted so will post the topic again. A few months ago I bought a house with tenants from a LA who is also an estate agent and who also owned the property. Accidentally my tenants paid them the rent and for the last 6 months I have been chasing them to return this rent. After 3 months of getting no where I used a non-local DC at the suggestion of someone here -that too came back fruitless they did not respond or pay the demand. They told a pack of lies to start with that they are paying or cheque has been sent etc but it never was and even fobbed off the DC. In the end DC said the only way to get the money would be thru' the courts. However, recently they have conveniently claimed themselves as bankrupt and have sent a letter to that effect. So what happens here? is my debt with the company or them as individuals from whom I bought the property off - who unlawfully kept monies that did not belong to them and failed to return it. Any advice appreciated, thanks. Hi CH1 Will depend on wether ltd co or individual held prop ...and which entity has actually gone bancrupt. Bancruptcy in itself does not mean that you cannot recover the funds. With suitable motivation i am sure i would pay a debt ! The Rodent Link to comment Share on other sites More sharing options...
CH1 Posted December 15, 2008 Author Report Share Posted December 15, 2008 Hi CH1 Will depend on wether ltd co or individual held prop ...and which entity has actually gone bancrupt. Bancruptcy in itself does not mean that you cannot recover the funds. With suitable motivation i am sure i would pay a debt ! The Rodent The company is still listed on Companies House as a Ltd Co. and this is what I found: Status: Active Date of Incorporation: xx/xx/2006 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC(03)): 7032 - Manage real estate, fee or contract Accounting Reference Date: xx/03 Last Accounts Made Up To: 31/03/2007 (TOTAL EXEMPTION SMALL) Next Accounts Due: 31/01/2009 Last Return Made Up To: 14/03/2007 Next Return Due: 11/04/2008 OVERDUE Last Members List: xx/xx/2007 So they are still active. However, I bought the property from them i.e in the personal names so surely they should still owe me that money irrespective of how their businesses are doing. They owe my money since 7 months I should add interest to that, what's my best option to try and get this money? Thru' courts? or use local DC? (last DC I used was from Wales) any help or advice appreciated. Link to comment Share on other sites More sharing options...
Melboy Posted December 15, 2008 Report Share Posted December 15, 2008 You need to check if the company has gone into liquidation or not. The information you have above is not up to date quite possibly. If it has then your chances of getting your money back is virtually zilcho as they are private Ltd. company......you can't sue for personal assets. Mel. Link to comment Share on other sites More sharing options...
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