what is the most likely process

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m-d

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Post by m-d » Tue Apr 22, 2008 10:21 pm
Hi, I have ceased trading with my company last week and have sent a strike off letter to all my creditors as there is just no money in the pot! I have sorted out my bank loan and taken that on myself to repay and am not too bothered about the other small debts 'however' I had a baby in Jan and was not in work a great deal, I used a factoring company for all invoices as I was a recruitment agency, while I was off the invoice finance people called me on my mobile a couple of times to say invoices has been missed off and could I put them on which I did from home! However it is now coming to light that these were duplicated. And is now looking like my business now owes them around the 10k mark. The agreement was set up with my ltd company and I see nothing in the agreement relating to myself as a garentor what is the most likely process for them? and recovering the money my buisness has nothing mind you...

It does also say in the agreement that any credits made will be credited to my account so I am concerned that they were calling me asking me to pop invoices on when they could of just put the money against the client account???
 
 

MelanieGiles

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Post by MelanieGiles » Tue Apr 22, 2008 10:29 pm
Hi m-d and welcome to the forum

The duplication of invoices is always a hot potato with factoring companies, and you may well be held to be personally liable for that debt if they can prove that you input false entries deliberately.

I would be suprised if you had not personally guaranteed the agreement, so you should firstly check this with the company concerned.
Regards, Melanie Giles, Insolvency Practitioner
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