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As part of running a business, you will incur costs for goods and services you pay for. Often, you will agree with the other company to pay for these within a specific timeframe. You are a debtor when your company owes commercial debts to other businesses. You may also be a debtor in business because you borrowed money you still owe, such as from a bank. The business you owe money to is the creditor. Your creditor can sell your debt to another company for debt recovery.
There can, however, be legal action such as legal proceedings as part of commercial debt recovery, such as being a debtor to outstanding debts with the original creditor. Therefore, this article will explain the legal implications for you as a debtor when your business debt is sold to another company.
What Is a Debt Sold to Another Company?
Your creditor may decide to sell your debt to another third company. This may help them to free up their time rather than continuously chase you for the debt owed. For example, the third party may be a debt collection agency or a debt purchaser. Where they do, the third party will start to pursue the debt on behalf of your original creditor from you as a debtor. The third party becomes the legal owner of your debt.
What Are the Legal Implications for My Business as a Debtor?
Your debt can be sold to a third party at any stage of being a debt. Therefore, your debt may be passed to a third party as soon as you default on payment. This means that you have not paid the money which your company owes as arranged with the creditor concerned.
As a business debtor, if your company cannot pay its debts, such as if your debt is sold to a third party, such as a debt collection agency, there are legal implications for you. We look at some of these below.
Court Judgment or Statutory Demand
If your debt is sold to a third company or if it remains with the creditor but you do not pay it, the owner of your debt can apply to the court to make you pay. This is by obtaining a court judgment. If you receive a court judgment, you must respond within 14 days; otherwise, a court bailiff or sheriff can seize your assets.
It is also possible for the owner of your debt, which you refuse to pay, to get the court to make you pay it by obtaining a statutory demand. If you receive this, you have 21 days to respond. Responding to a court judgement or statutory demand means you need to either:
- pay off your debt;
- make an arrangement to pay your debt in the future;
- choose to place your company in administration; or
- apply to liquidate your company.
With a court judgment, you can also respond by challenging it.
Liquation
If your business is in a position unable to pay its debts, then ultimately, it could be liquidated. You may also hear the expression ‘wound up’. The debt owner may apply to the court for this, such as following a court judgment where the assets do not make up the total of the debt you owe.
This guide outlines how to resolve commercial disputes.
You can also choose to liquidate your company before a creditor requests to do so. Liquidating your business allows the creditor to use your assets to pay off your debts. It also means your business can no longer run or employ staff. Eventually, it will be ‘struck off’ the Companies House register and the company will no longer exist.
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Key Takeaways
If you owe creditors money, you owe a debt and are a debtor. If you do not pay the debt when requested, your creditor may sell this to a third party. This means the third party, such as a debt collection agency, becomes the legal owner of the debt. There are legal implications where this happens, and the debt remains with the creditor if you fail to pay. For example, the debt owner may apply to a court for a statutory order or court judgment to make you pay your debt.
You need to respond to these with specific timeframes. Failing to respond means your assets could be seized. A further legal implication for debtors in the UK is that your company could go into liquidation and ultimately be ‘struck off’ by Companies House. That means you will no longer run a business.
If you need help understanding the legal implications for you as a debtor if the debt your business is owed is sold to another company in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
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