Legal question - contracts and bankruptcy

[medicineman]

Hi

Bit of help please?

Friend had a skip delivered on Sat am from company A. Got a call from company B this morning saying company A has gone bankrupt and they have taken over company A and they want their skip back. She either pays them or they empty the skip on the road! So because she felt bullied she pays them again. Now I know that that the wrong thing to do but where exactly does she stand legally?

Thanks

[xiphias]

Sounds like a scam to me?

[Vesuvius 996]

Cheeky bds.

Use the skip, then when you're done with it, sue them for the double payment back.


www.moneyclaim.gov.uk

Edited by Vesuvius 996 on Tuesday 14th October 10:33

[427James]

I would reply saying that you presume that they bought the assets of Company A from the Administrators of Company A.

In this situation, they could only buy such right title and interest in the skip as Company A had. As a result, they bought it subject to your interest (to hold the skip for x days having already paid).

[princeperch]

if they took the company over there would be, I suspect, a novation agreement in place for current contracts..

[plasticpig]

I would have told them to empty the skip all over the road. I would then point out that fly tipping is subject to a large fine.

[427James]

princeperch said:

if they took the company over there would be, I suspect, a novation agreement in place for current contracts..

They will just assign the contracts. Novation and tri-partite agreements are a pain in the aris for them with that many end users.

[medicineman]

Thanks for the replies so far!

[LadyHayles]

Obviously working in this field this is something I've come across many a time.

Unfortunately it depends on the sale contract from Company A to Company B and whether any clause had been written into it to allow a waiver of further fees to current users of the skips.

Without knowing full background of situation with Company A its hard to comment. Unfortunately with insolvency lots of terms such as bankruptcy or liquidation are mentioned and usually people get it wrong.

If you want to PM me with further info on names I could try and look into who's dealing with the insolvency and try and give you better advice.

[Zod]

Threaten to report them to the Police for attempted fraud.