Letter From Liquidator

Discussion in 'Legal Issues' started by smallbuyer, 18th Jun, 2020.

Join Australia's most dynamic and respected property investment community
  1. smallbuyer

    smallbuyer Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    405
    Location:
    WA
    Hello,

    A friend has gotten a couple of letters (via email) from a liquidator demanding a couple of hundred dollars.
    This relates to an apparent billing error where they were not charged enough (a few years back) and they are now being sent bills for the alleged underpayment.

    Is a liquidator likely to pursue such a tiny bill further than a few emails?

    If they are likely to pursue this what is the best course of action to take? Should one write back and deny they have a debt, ask them to prove it?

    Interesting the bills have been emailed to them but no mention has been made of the persons name, address etc only the email. Would it be possible that liquidators are only given incomplete records about clients?

    Cheers
     
  2. MRO

    MRO Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    318
    Location:
    Perth
    Deny you owe it, ask them to prove it. They will give up. Alternatively, if you think it is a fair charge then pay.
     
  3. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    .... it might also be a scam - I'd ignore it.

    and for goodness-sake don't reply to it or you'll end up on a sucker's list and be spammed with these kind of emails forever.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    find out if they are real and then as for further and better particulars of the alleged debt
     
    Perp likes this.
  5. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    Is it from Video Ezy for a Cassette video late return?
     
    craigc, Empire, iloveqld and 4 others like this.
  6. smallbuyer

    smallbuyer Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    405
    Location:
    WA
    Im pretty sure its not a scam (as in the Nigerian kind) but it seems rather cheeky trying to dredge up some mistake they made years ago and say you owe money.
     
  7. smallbuyer

    smallbuyer Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    405
    Location:
    WA
    thanks for your input :)
     
  8. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Seems doggy. A liquidator needs supreme Court orders first
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    Why?
     
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    A liquidator can't demand a thing. Only a court can impose orders. A liquidator has all the powers of a replacement Director

    Just encountered this with a liquidator claim . They chose to sue. So we opposed it. Never agreed to their cost and the court dismissed the claim and imposed costs.
     
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    They can call in debts, just like the company could.
     
  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Its a request and lacks any better right to demand than the original Director asking. Proof of the debt should be provided and yes they can enforce it. In a court / tribunal. But the cost of doing so could be a fact that the liquidator may be personally liable for if its not sound judgement. A large % of liquidators may lack source records sufficient to prove a debt. Maybe a hard task for a liquidator to argue a sale was underbilled without other records to support that. Offer, acceptance....Maybe you had not accepted the offer if it was billed at the price they allege ? What is the underbilling issue they allege ? eg a quote ? A pricing error ? A omitted charge ?
     
  13. The Y-man

    The Y-man Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,500
    Location:
    Melbourne
    To the OP - (claiming to be) liquidator or (claiming to be) debt collection agency?

    Many people think they are the same thing.

    The Y-man
     
  14. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    You have a creative imagination, not sure how all this relates to the question
     
  15. skater

    skater Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    10,256
    Location:
    Sydney? Gold Coast?
    Sounds like a scam to me.
     
    Lindsay_W and The Gambler like this.
  16. The Gambler

    The Gambler Well-Known Member

    Joined:
    17th Jan, 2017
    Posts:
    298
    Location:
    The Sunshine State
    A good thing to do in this situation is to check the header information of the email.

    Open the email (don't click on any links within the email), then go to the VIEW menu and then MESSAGES. Under that you'll find VIEW HEADERS or RAW SOURCE. That's on a Mac, but I'm sure it'll be similar to a Windows machine.

    You can then view the info provided and see the real email that the message was sent from and find out if you're being scammed or spoofed.

    If you believe it to be true, I'd contact the company, utility directly and ask for information in regards to this payment with some type of explanation and proof.

    If you could post the email without the personal info, it would be interesting to see. Also type in the basic info into google and then add scam and see if anything comes up in regards to this type of email.