overpayment of an invoice

Posted by benny1210 PM | on Fri, 22/10/2010 - 15:54 1325 2 comments | report

My client has duplicated a payment of £10k to a supplier.

They have cashed both cheques and now I can't seem to get a hold of them (answerphone) and surprise surprise they aren't returning my calls.

the rumour is that they have gone bust but they have just filed their AR01 at Companies house (within the last week) worryingly it states the company only has a balance sheet value of £1

Is there anyway I can get this money back if the company has gone belly up?

Is there a case that they have spent money that isnt theirs or is it just treated like any other creditor?

10K may not seem like a lot of money but it could possibly cost someone a job.

Thanks

Comments

Last time I looked

rworboys | Mon, 25/10/2010 - 09:16 | Permalink

The AR01 didn't include a "Balance sheet value", simply details of share capital!

And, in my opinion, amounts owed in these circumstances rank as unsecured creditors

Lateral thinking

cymraeg_draig | Mon, 25/10/2010 - 15:15 | Permalink

"Is there a case that they have spent money that isnt theirs or is it just treated like any other creditor?"

There may be an arguable case that the directors knew this money was not theirs and are therefore guilty of theft. This would allow a claim to be made against the directors personally regardless of the company being bankrupt.

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overpayment of an invoice

Last time I looked

Lateral thinking

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