Customer paid into wrong account
Customer paid into wrong account
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Discussion

Josho

Original Poster:

748 posts

126 months

Wednesday 5th June 2019
quotequote all
So I have 2 limited companies.

One is insolvent and slowly dying, the other doing well.

Customer pays for a repair into the older insolvent account. Money now taken into the bank which is overdrawn and Natwest saying they can't refund it as overdrawn and are saying Santander will have to do a drawback.

Santander are saying that money has gone to right person so have shut the case. Not sure customer has told them its Ltd companies.

My argument with Natwest is that the money simply does not belong to the Ltd company so why on earth can they decide to bloody keep it!

Jamie VTS

1,238 posts

176 months

Wednesday 5th June 2019
quotequote all
Why not pay off your debt to the bank?

Perhaps I’m being overly simplistic or ignorant to the norms of business but you’re in debt to the bank, your customer involuntarily paid some of that.

Am I missing something ?

If you really want to couldn’t you just re-extend the overdraft and get the money back out?

Integroo

11,631 posts

114 months

Wednesday 5th June 2019
quotequote all
Jamie VTS said:
Why not pay off your debt to the bank?

Perhaps I’m being overly simplistic or ignorant to the norms of business but you’re in debt to the bank, your customer involuntarily paid some of that.

Am I missing something ?

If you really want to couldn’t you just re-extend the overdraft and get the money back out?
Ltd 1 is in debt to the bank. Ltd 2 isn't. OP isn't.

Ltd 2 was due some money from Customer X. Customer X paid it to Ltd 1. It should have been paid to Ltd 2. Ltd 1 cannot keep the money, as it isn't its.


Josho

Original Poster:

748 posts

126 months

Wednesday 5th June 2019
quotequote all
Integroo said:
Ltd 1 is in debt to the bank. Ltd 2 isn't. OP isn't.

Ltd 2 was due some money from Customer X. Customer X paid it to Ltd 1. It should have been paid to Ltd 2. Ltd 1 cannot keep the money, as it isn't its.
This

caziques

2,844 posts

197 months

Wednesday 5th June 2019
quotequote all
Jamie VTS said:
Why not pay off your debt to the bank?

Perhaps I’m being overly simplistic or ignorant to the norms of business but you’re in debt to the bank, your customer involuntarily paid some of that.

Am I missing something ?

If you really want to couldn’t you just re-extend the overdraft and get the money back out?
Yes, you are missing everything.

The whole point of a limited liability company is that it is a legal entity in its own right. The company is in debt to the bank, not the OP. Beyond paying for shares, shareholders have no other liabilities.

hutchst

3,727 posts

125 months

Thursday 6th June 2019
quotequote all
But it's reasonable to assume that the lending bank has a fixed and floating charge over the assets of the (non-trading) limited company, and has exercised that right. At face value a cash balance in the account would be a charged asset.

The lender has no interest in how the company obtained those funds. The shareholders of the (non-trading) limited company are at liberty to inject additional funds into the company to pay for lawyers to try to get the money back from the bank.

But in the real world the OP is more likely to succeed by contacting the customer through the currently trading company to inform them that they haven't paid the bill to the company yet. If they paid the wrong company that's their mistake. Unless it wasn't.

Spare tyre

12,559 posts

159 months

Thursday 6th June 2019
quotequote all
How much are we taking about

Jamie VTS

1,238 posts

176 months

Thursday 6th June 2019
quotequote all
caziques said:
Yes, you are missing everything.

The whole point of a limited liability company is that it is a legal entity in its own right. The company is in debt to the bank, not the OP. Beyond paying for shares, shareholders have no other liabilities.
Thank you for clarifying! smile

InitialDave

15,109 posts

148 months

Thursday 6th June 2019
quotequote all
Josho said:
Santander are saying that money has gone to right person so have shut the case. Not sure customer has told them its Ltd companies.
But isn't the "person" the company? So it has not gone to the right person?

Sounds like the customer has told them they're two accounts for the same entity, not two entities with the same owner.

How easy is this to get wrong? Do you own Bob & Mick's Automotive Services as well as Mick & Bob's Auto Servicing?

Are they separate parallel companies, or is one a new wrapper to replace the same physical business that existed as the previous company until recently?

How did the customer get it mixed up?

anonymous-user

83 months

Thursday 6th June 2019
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The customer still owes company 2 some money. Company 1 owes the customer some money.

Pit Pony

11,301 posts

150 months

Thursday 6th June 2019
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janesmith1950 said:
The customer still owes company 2 some money. Company 1 owes the customer some money.
Indeed.

Throttle Body

453 posts

202 months

Thursday 6th June 2019
quotequote all
Pit Pony said:
janesmith1950 said:
The customer still owes company 2 some money. Company 1 owes the customer some money.
Indeed.
I agree.