Legal Question in Bankruptcy in United Kingdom

What are our Rights?

Hi, I am the Office Manager of a Publishing company in the Nehterlands. We are a registered company in the Netherlands.

We have an online and print advertiser from the States that are set up in the U.K.

We have been trying to collect our money for almost a year and in October 2003 we turned them over to a national collection agency here in the Netherlands who have an affliate company in the UK.

The company we are trying to get our money from has sent a letter to us dated Dec 22 2003, saying that they have stopped trading and business, etc....

My question is, What are our rights? Since we have been legally pursuing them before they informed us that they were stopping trading, etc.. Do we still have the right to collect our money?

Please email me direct at--name removed---name removed--expatica.com

Thank you so much as we are not happy with the lack of information that the collection company is giving us. I think they just don't have a clue and don't want to admit it.

Thanks again and I look forward to hearing from you.

With kind regards,

0031 20 888 4263


Asked on 1/20/04, 5:11 am

1 Answer from Attorneys
Richard Howard Richard Howard & CO

Re: What are our Rights?

Unless the Company has gone into a form of corporate insolvency in the UK or its home state and the debt was incurred in the UK you are still entitled to enforce payment including seeking the eventual appointment of a Liquidator to realize any assets for the benefit of creditors.

However you need to investigate if it is likely that the entity will have any assets out of which you could realize payment.

If I have understood it the company is a US company with a UK branch but it can easily be checked if they have a any registered status in the UK.

Debt collection agencies in the uk normally only pursue simple domestic and small corporate debts and for anything more complicated you would need to instruct a Solicitor I am afraid

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Answered on 1/20/04, 12:52 pm


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