Ok Jasmine
Rhe fact Managing Director of the gym is noted on his email is enough to bind the company.. even if he is not a Director... employees acting with or without the authority of the company can bind the company.
Is there a "genuine" dispute about whether the Company owes the money?
The important point regarding the company.. is for you to send me what you have regarding the company admitting the debt.. if you have enough
solid evidence to make it clear that their recent statements that they dispute the debt are not genuine... then, a very effective tool (a Statutory Demand) to put pressure on the company to pay up can be used.
Statutory Demand
A statutory demand notice is a formal, verified demand issued under section 459E of the
Corporations Act 2001 (Cth). It is a very effective instrument for ascertaining whether a company can pay its debts as and when they fall due. If such a demand is correctly issued and served and the debtor company fails to pay the debt within 21 days from the date of service of the demand, or otherwise fails to make arrangements to pay the debt to the creditor’s satisfaction, the company is presumed “
insolvent” and the creditor can make an application to wind the company up.
Issuing a Statutory Demand
Issuing a statutory demand is one of the quickest and least expensive avenues of recovering money owed to you by corporate debtors. It is also one of the most effective ways of enforcing a judgment of the courts if the judgment debtor is a company.
In what circumstances can you issue a statutory demand? A statutory demand can only be issued to a corporate debtor if:
- the debt or debts owed total more than $2,000; and
- there is no genuine dispute about the existence of the debt or debts. (If the debt is a judgment debt, there is an automatic presumption that there is no dispute as to the existence of the debt).
If a creditor issues a demand that fails to meet these tests, the demand will fail.
Kind regards