Home – New Forums Money matters Liquidator demanding payment of (nonexistent) debt

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    Hi forum members,

    Long-time lurker, first time poster. Great forum indeed.

    My business is a food manufacturer. My previous supplier has gone into liquidation. Their liquidators are claiming we pay $X for alleged debts owing, however this debt is nonexistent:

    • The debt is related to outstanding amounts on previous invoices. However, whilst solvent, the supplier agreed to have these outstanding amounts waived (this is because either stock deliveries from this supplier were short, or a discount was incorporated, or for other reasons)
    • The debt had not previously been brought to my attention. The only time the debt was brought to my attention was when the supplier entered the process of liquidation.
    • A proof of debt invoice was supplied to me by the liquidators. This was never brought to my attention during the course of dealings with this supplier.

    The liquidator has now come back to me demanding payment by 6 May 2013.Otherwise, the matter will be referred to a debt collection agency or solicitors.

    What do I do?

    Thanks for your help!

    • Total posts: 1,815

    What a dilemma. You need legal advice. If those items were waived, do you have any paperwork showing that?

    Although it’s not about your situation, here is a starting point to search from at ASIC re liquidation …. https://www.asic.gov.au/asic/asic.nsf/byheadline/Creditors+-+Liquidation?openDocument

    Perhaps call ASIC and see if you can talk to someone?
    If not, get legal advice today. Don’t wait until the date has passed.

    Hope you get the help you need.

    • Total posts: 11,464

    Hi lewy, and welcome to the forum,

    That sounds very stressful! I hope your accountant and/or lawyer can help you to navigate through it all.

    If you need help finding someone to assist you in that way, please post again letting us know, and we’ll see if we can rustle up some recommendations for you.

    Hope it’s all sorted out quickly and easily,

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