Claim against Liquidator

[PurpleMoonlight]

My former office landlord is a Ltd. They are now in voluntary liquidation - April 2017. Documents files at companies house state a surplus.

I believe I have been overcharged for the landlords insurance premium, over the last three years. Total about £1500.

I have written to the liquidator requesting proof of the landlords premium paid which they sought reimbursement from me, but am being ignored.

Can I file a County Court claim against the liquidator for what I estimate I am owed, or is there a better course of action?

[Lurking Lawyer]

Ask the liquidator for a proof of debt form and put your claim in to be dealt with as part of the insolvency. You'll go into the pot with all of the other unsecured creditors, if the liquidator accepts that you have a claim.

[PurpleMoonlight]

Do they have a legal duty to act impartially?

[Drumroll]

No, they are there to get the best price they can for any creditors. Even if you could prove you were overcharged, you would just join a list of other creditors fairly near the bottom

[PurpleMoonlight]

Drumroll said:

No, they are there to get the best price they can for any creditors. Even if you could prove you were overcharged, you would just join a list of other creditors fairly near the bottom

Yes, but there is more than sufficient money to pay creditors.

[Bright Halo]

Don't forget the liquidators fees which in my experience is normally equal to whatever cash/assets are left over.

[PurpleMoonlight]

There is £10M left over so I doubt it.

[jith]

PurpleMoonlight said:

There is £10M left over so I doubt it.

Why on earth would you go into voluntary liquidation when you have 10 million of assets?

J

[deggles]

jith said:

Why on earth would you go into voluntary liquidation when you have 10 million of assets?

J

At a guess, insufficient liquid assets to pay debts. Company is a landlord so likely the majority of assets are property which will have to be sold to pay current liabilities.

[EW109]

Drumroll said:

No, they are there to get the best price they can for any creditors. Even if you could prove you were overcharged, you would just join a list of other creditors fairly near the bottom

If this is intended to suggest that liquidators do not owe a duty fairly to consider a proof of debt, it is wrong. A liquidator is an officer of the court (even in a voluntary liquidation) and required to act accordingly. If he rejects a proof he is required to explain why (rule 14.7(2) of the Insolvency Rules 2016).

In any event, if a liquidator rejects a proof of debt, there is a right to apply to the court - which decides the question itself on the evidence before it (rule 14.8 of the Insolvency Rules 2016).

I should add that although I have referred above to the 2016 rules, depending on when the company entered liquidation, it may still be governed by the 1986 rules which are to the same effect.

[PurpleMoonlight]

EW109 said:

If this is intended to suggest that liquidators do not owe a duty fairly to consider a proof of debt, it is wrong. A liquidator is an officer of the court (even in a voluntary liquidation) and required to act accordingly. If he rejects a proof he is required to explain why (rule 14.7(2) of the Insolvency Rules 2016).

In any event, if a liquidator rejects a proof of debt, there is a right to apply to the court - which decides the question itself on the evidence before it (rule 14.8 of the Insolvency Rules 2016).

I should add that although I have referred above to the 2016 rules, depending on when the company entered liquidation, it may still be governed by the 1986 rules which are to the same effect.

Thanks for the info.

The problem I have is that the liquidator is apparently refusing to provide me with the evidence I need to prove my claim.

I have the proof for 2017, which leads me to believe they likely overcharged me for 2016, 2015 & 2014.

[Drumroll]

EW109 said:

Drumroll said:

No, they are there to get the best price they can for any creditors. Even if you could prove you were overcharged, you would just join a list of other creditors fairly near the bottom

If this is intended to suggest that liquidators do not owe a duty fairly to consider a proof of debt, it is wrong. A liquidator is an officer of the court (even in a voluntary liquidation) and required to act accordingly. If he rejects a proof he is required to explain why (rule 14.7(2) of the Insolvency Rules 2016).

No, all I was trying to point out was that there is an order in which people/organisations get paid and unsecured creditors are near the bottom of that list.

[elanfan]

If you have the proof for 2017 presumably you know who the insurers are/policy number. It's fairly common to stay with the same insurer for years, you could try calling to ask but they will almost certainly refuse. Whether they will take any notice of the fact that this may be required for legal cation I don't know. Perhaps the insurers don't yet know they are in liquidation

[PurpleMoonlight]

elanfan said:

If you have the proof for 2017 presumably you know who the insurers are/policy number. It's fairly common to stay with the same insurer for years, you could try calling to ask but they will almost certainly refuse. Whether they will take any notice of the fact that this may be required for legal cation I don't know. Perhaps the insurers don't yet know they are in liquidation

I can just hear them screaming Data Protection Act already. I know they are able to release data for impending legal action, and arguably a premium is not 'data', but convincing them is another matter. As an aside, and as an example of how large organisation hide behind the Act, a utility company recently refused to divulge a gas meter number to me because they claimed it breached the Act even though I own the property!

[elanfan]

There's a lot of misunderstanding with that act, if I remember correctly isn't it just personal information about people and if they're dead it doesn't apply either.

Worth a try though

[PurpleMoonlight]

Just to finish this off.

The Liquidator has admitted I was overcharged. I am to receive a refund of some 60% of what I was charged!

[elanfan]

So how many other tenants were overcharged?

[PurpleMoonlight]

I think the landlord owns about a dozen properties. I have mentioned it to my neighbour who has the same landlord but I don't know if he took it any further.

[CoolHands]

I know its good, but on the other hand why are you only getting 60% of the overcharged amount back, if they have enough assets to cover the lot? aren't you losing out on 600ish quid?

[tin duck dave]

CoolHands said:

I know its good, but on the other hand why are you only getting 60% of the overcharged amount back, if they have enough assets to cover the lot? aren't you losing out on 600ish quid?

Read the post again, it says 60 percent of what was charged , not of the overcharge.