A liquidator wants
the money back.

A liquidator can claim back payments a company made to creditors in the six months before it failed. Many claims can be defended or reduced. We assess yours and negotiate or defend it.

Client reviews

Commercial law clients,
in their own words.

Is this you?

When people come to us about unfair preference claims.

Each of these is a good reason to call, and none of them is too early.

  • A liquidator has written demanding repayment of money you were paid.
  • A customer went into liquidation after finally paying your invoices.
  • You were paid under a payment plan before the company failed.
  • You kept supplying the company while it was paying old debts.

How we help

Payment for genuine work is not always a preference.

A payment can be clawed back as an unfair preference if it was made while the company was insolvent and gave you more than you would receive in the liquidation. For unrelated creditors, the liquidator can usually look back six months.

A claim can be answered by showing you received the payment in good faith, gave value for it and had no reason to suspect insolvency. Payments made as part of a continuing supply relationship are also treated differently. We assess the claim, the defences and the evidence, and negotiate or defend it.

What we do

  • Review of the liquidator’s claim and evidence
  • The good faith and running account defences
  • Evidence of what you knew about the company’s finances
  • Negotiated settlements with liquidators
  • Defending proceedings
  • Advice on reducing future risk in your terms of trade

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs
  1. The first call: what the real question is

    Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.

  2. Within the week: a strategy and a written estimate

    What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.

  3. Deadlines first

    Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.

  4. From then on: one senior lawyer

    You deal with the same lawyer throughout, and you are told early if anything changes.

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

  • Do I have to repay the money?

    Not necessarily. Many claims can be defended in full or in part. Do not pay or ignore the letter before we have reviewed it.

  • Is there a time limit for the liquidator?

    Yes. Proceedings generally have to start within three years of the relation-back day, usually the day the winding up began, although the court can extend that time.

  • What does it cost?

    Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.

Tell us what is going on. We will tell you where you stand.

A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.