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Commercial/business/fraud Law

  • 28-11-2011 6:11pm
    #1
    PotBelly
    Closed Accounts Posts: 72 ✭✭


    Before I consult my solicitor, I wanted to throw out my situation to see if anyone would have an insight into my predicament.

    I run a very small business which repairs equipment in restaurants and bars etc.
    A good client(or so I thought) has had an outstanding debt of approx €3000, built up over the last 18 months or so.
    I contacted them today regarding the outstanding debt to see when I should expect payment.
    They now claim that they have no record of any outstanding debt due to all invoices sent to them during the above timeframe were addressed to the old company, which ceased to run the place during the middle of last year.
    The staff, managers etc are all the same in the building, the company who runs this particular establishment is exactly the same in all but name. A Tax stroke, to put it bluntly.

    My questions are:
    Would this new company have any legal obligation to inform us of the name change?
    Also, did these people commit some level of fraud by engaging our services for so long, intending not to pay, knowing full well we thought all was OK?

    Its a sticky mess and an all too familiar one with small business owners lately, but any input you may have would be appreciated

    Cheers

    PB


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Is the company you dealt with previously a limited company? Check on the CRO website.

    The thing about limited companies is that, as the name suggests, liability is limited. There is generally protection afforded to the staff. However it is possible to look behind the limited liability in some circumstances. This is a matter for your solicitor.

    As to a legal obligation to inform of the name change..not to my knowledge but by the sounds of things it isnt a name change rather than one company ceasing and another different company starting up..albeit with the same staff.


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