A liquidator wants your payment back: prepare before you respond
A payment received can still be questioned
Receiving payment does not always end the matter. If the customer later enters liquidation, a liquidator may investigate payments made before the appointment and seek recovery of an unfair preference. Whether a particular payment can be recovered depends on the facts and the applicable law.
ASIC explains that liquidators can seek recovery of certain payments and that creditors may have defences. A demand needs attention, but the letter alone does not settle whether the claim is valid. Get advice on the claim before deciding whether to dispute it, negotiate or repay.
Start with the letter, not a rushed answer
Save the demand and every attachment together. Note the company named, the liquidator, the payments being claimed, the amount and the response date stated in the letter. If a solicitor has written on the liquidator's behalf, keep those details with the same file.
Read the demand against your own records. Does it identify the same customer entity you invoiced? Do its payment dates and amounts match your bank statements? Record discrepancies as questions for your adviser. Do not assume a mismatch alone defeats the claim.
Build one payment timeline
List each invoice, the work or goods it covered, the invoice date and the date money reached your account. Keep bank evidence beside the relevant invoice rather than relying on a spreadsheet alone. Include credit notes, part payments and allocations across several invoices.
Add the purchase order or contract and records of delivery or completed work. If a payment covered several jobs, show the allocation you actually used. Where the records do not explain an allocation, flag the gap instead of filling it with a guess. This makes the file easier to assess.
Keep the correspondence from that time
Collect payment reminders, emails about delays, responses from the customer and any notices you received. Keep the full exchanges with their dates. A single message can look different when the surrounding conversation is missing.
Write down what you remember, clearly separating recollection from documents made at the time. Include information that may be uncomfortable as well as information that helps you. Your adviser needs an accurate picture, not a file edited to support the answer you would prefer.
Ask for an assessment of this claim
Give a suitably qualified lawyer the demand, timeline and supporting records. Ask what the liquidator must establish, whether the claimed transactions and timing are covered, and which defences or other responses may be available in your circumstances.
Do not treat a general explanation of a defence as confirmation that it applies to you. Keep track of the response date and ask promptly about any time needed to obtain advice. If an extension is agreed, keep written confirmation rather than assuming extra time has been allowed.
Make the next conversation useful
If you contact CRP, explain that the issue is a demand to repay money already received. Bring the letter and the payment timeline so the discussion starts with the actual claim. A missing record is something to identify early, not hide until the response is due.
The immediate job is to understand the demand and prepare a complete file. Those steps do not guarantee you can keep the payment. They give you and your legal adviser a clearer basis for deciding what happens next.