[from edge2edge]

Morning Guys,recently i posted about a company i subbied for going into receivership owing me about 8 grand.So there i was 8k down with no work.Not pretty to say the least.well that company has started again using almost the same name etc and has offered me the area i use to cover.Now a part of me said not a chance you not nice people but with 8k down and not a lot of income i swallowed my pride and said yes as long as they came up with a cashflow for me as i was just a little bit strapped for cash.I was going to ask for 2k but waited for them to make me an offer.They sent me a cheque for 4k the next day.Go figure it i have next to no chance of getting my 8k back so the bills needed paying.Alan (swindon)

[maxcarpets]

I would be very grateful for the 4K at least you have not lost money as I'm sure your running costs did not come to mre than this. Well done I say!


Justin

[from edge2edge]

The 4k is an advance though.I still will have to pay it back so the 8k is still owed to me and i dont expect to get much if any back.The bank i was with closed my accounts so i have to operate through my girlfriends for the time being.Very inconvenient having no cards of any sort and having to ask her to pay bills etc.Trying to get hold of my accountant as someone on here told me i could write the 8k off somehow so hopefully more positive than negative at the moment.Any suggestions always welcome guys.Alan (swindon)

[Mike Osbourne]

So have you figured out yet how you can take the money and stick two fingers up?

[classcleaning]

Guys  I think I missed the beginning of the discussion can anyone of you just tell me the beginning of the discussion so that I too can get myself added to your discussion. 

[from edge2edge]

Mike that thought did occur to me but in the big scheme of things i would have a nice cash boost but no on going work that pays the bills etc.I have to think of the new company as a seperate entity and the they have shown faith in me by giving me the 4k up front.I have a really good guy who helps me out with the contract and it would mess him up completely so i am happy with my decision and looking for other positives i can derive from this seemingly negative kick the the xxxx

[Mike Osbourne]

Edge,

It's your business of course but are you not deluding yourself (we all do it sometimes)?. They may be thinking we had this mug over once, we can have him again.

The business entity in the eyes of the law may have changed but it sounds like you are dealing with a bunch of shysters whos values and morals have not changed, they prey on people like you who are honest and perhaps a little bit strapped for work. We will see more and more of this in the construction industry over the coming year. 

[garyj]

Sounds to me that they were forced to close and are trying to make amends. I think you've had a bit of a result as I have never heard of this happening before and they must have been happy with you or they could easily have got someone else, I feel it is unlikely they would do this to you again.

I have lost thousands over the years with companies going bust or just closing, and in my experience you never see the money again. As to the Government writing off bad debts, just can't see it happening, I will speak to my accountant later and see what he says.

I  think they have swallowed more pride than you by asking you back. Glad to hear you can get back on your feet again, best of luck, if any work comes up I can't handle I'll give you a shout, do have a school coming up near you soon.

[Joe H]

When you say its £4k in advance.
Can it be taken that once you have billed them for £4k of work they will advance another £4k.
That way it means you wont get into trouble again if they close - you will always be in advance.

[Ken Wainwright]

Alan

If this company goes bump, closes down, restarts as a new business with a similar name, then that sounds dodgy.

If they didn't have enough money to finance the former company, and pay off their creditors, where the hell did they find £4,000 from to give an advance to a relatively small (no offence intended) player like yourself?

From the information available to me, it sounds like you are dealing with unscrupulous people.

If they've done this sort of thing once, what's to say they wont do it again, and for how much this time?

Safe and happy cleaning
Ken

[Art]

Hi Alan,

I'm with Joe. When you get near to the 4k ask them for another advance before you carry on.

If they've started trading again that means they've tucked money away from the previous business, so if it was me i'd be asking about the 8k?

Glad you've got money coming back in Alan, but it must be in the back of your mind that they might try knocking you again. It would  be best to up the marketing and look for other sources of work, then your not depending on this company.

Good luck mate

Arthur

[Joe H]

We clean the offices in Warrington of a lifting gear specialist that covers much of Britain.

Few years ago now its "predecessor" went bump owing me nothing near Alans £8k.

Next week it was up and running under a slightly different name.

They said it was up to me if I went with them again and I did.

Didnt see any point persuing the outstanding from the 1st business as they were in receivership and legally the 2nd business had nothing to do with them.
Legal system at fault (again)

[Doctor Carpet (Ret'd)]

Might be worrying you unnecessarily but if they have found the money to give you £4k then there might be an argument from the Receiver that you have been "preferred" and the Receiver could claim that back for the debtors of the first business. Naturally the secured debtors first not unsecured debtors like yourself.

(Difficult to say without knowing the full picture.)

(Incidentally, if you supply goods then you should think about including a Romalfa Clause in your terms of trade which would help protect you in the future as the goods would remain legally yours until the invoice is paid.)

With regard to "writing it off". If I have made the correct assumption that we are talking about a predominately labour only business then "writing off" is a little academic. The debt owed to you is written off and the only thing you save is the tax you would have paid if you had received payment.

Hope this isn't too depressing; I'm only the messenger.

Don't let them grind you down.

Roger

[from edge2edge]

Thanks for the replies guys much appreciated.Alan(swindon)

[Mike Halliday]

how much of this is in writing?

I'd cash the cheque then tell them to go fu~@ themselves, they took you for an idiot and now they are laughing at you behind your back

they ripped you off for £8k, they planned there bankruptcy. They  knew they would start again without a second thought for the harm they did to all the companies who they owed money to, Ok you managed to survive but what about the smaller guys who got ripped off how did they manage?

I'd be planning how to cause them physical pain not how to work with them again.

[Shaun_Ashmore]

Do a small job and bill them £4k then it's all above board for your services.

Shaun

[murky]

Put a 'charge' on the MD or Accounts Managers house.

Guarantee you get paid then as it effects their credit rating.

Murky

[from edge2edge]

Some great replies guys.It has taken me almost all of my fifty years to fIgure myself out and the one thing i know for sure is that any energy i spend on negative thoughts and deeds is detracting me from the positive side of finding and keeping other good work.it is a liitle bit like war for me both sides lose but one loses less.It still equals 2 losers.(please dont confuse me with someone who doesnt support the armed forces as my father served for 28 years) Regards Alan

[spindle]

IF that happened to me ........i'd cash the cheque and run.......declare bankrupt and start again with a very similar name..........sound familiar?

[Simon Gerrard]

Edge,

Take the £4k, get emergency clearance on the cheque and never do business with them again- EVER!

simon