[LRUG] To be paid or not to be paid, that is the question (sort of)

[Steve Buckley]

I think legally, if Company A are in liquidation the Company B (or any other company for that matter) have zero legal liability for their debt, regardless of whether they we're aware of Company A's staff activity or otherwise. If you pursue it, they will undoubtedly defend themselves and aside from burning bridges, you'll be entering a legal battle that appears to have little chance of success.

Mark it down as a lesson learned and move on.

Steve


On 7 Jan 2013, at 14:56, Andrew Stewart <boss at airbladesoftware.com> wrote:

> Hello El Ruggers,
> 
> I run an SaaS webapp.  I invoice customers (who are companies) monthly and they pay by BACS.
> 
> One of my customers, Customer A, has three months' unpaid invoices.  Customer A recently went into liquidation and their staff was employed by another company, Customer B.  The employees from Customer A who now work at Customer B are continuing to use their account in my webapp.
> 
> Customer B is happy to pay invoices henceforward but they refuse to pay Customer A's invoices because they did not take over Customer A's liabilities.  I spoke to the administrator of Customer A's liquidation and they said that realistically there's no prospect of my unpaid invoices being paid out of the liquidation.
> 
> Here's my question: should I press Customer B for Customer A's unpaid invoices on the grounds that they are using an account which has unpaid invoices?  After all Customer B may not have taken on Customer A's liabilities but they have taken on A's data.  Or should I let it go?
> 
> (Either way I'll be stricter about unpaid invoices in future ;)
> 
> Thanks in advance,
> Andy Stewart
> 
> 
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Steve Buckley
Technical Recruitment Manager
P: 	01753 271289
M:	07538 647117





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