Online sale sites in hands of receivers, but orders still taken.

This seems to be a common occurrence these days,but i was unaware of this particular site being in trouble( modnique.com),and it's sister site bidz.com ,have gone into liquidation and despite this knowledge,they continued to take (and receive payment for) orders.Many,many people have been stung by this (http://www.sitejabber.com/reviews/www.modnique.com )and i can include myself in that number.It was not until i thought it had been a long time since ordering that i Googled what had happened to the site ("improvements being made to site,we'll be back" being up for a while )that i found out what the truth was.Anyone else been stung (i called my bank,but good luck i expect getting money returned.Mine was a relatively small order,but i feel for the poor suppliers and larger order customers.This was truly a great place to shop in it's time.

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modnique.com
modnique.com

Comments

  • Bankruptcy laws are complex things.
    In AU, the law says a company can't trade while insolvent. That generally means they can't take orders they can't fulfil, and the directors are liable for prosecution if they do.
    When a business is in trouble, the people they owe money to can seek to have administrators appointed. The administrators best outcome is to run the business successfully to repay the debts and keep it a going concern. There is no particular reason to not deal with a business in administration, as long as you know they could "go broke". Generally, though, administrators are very conservative and will seek to fulfil orders etc.
    In some cases, however, it is clear that keeping the business open will lead to a bigger loss. In that case, the court appoints liquidators (often the same actual people as the administrators) whose job it is to close down the company in an ordered fashion and sell whatever they can to collect as much money as possible.
    So often you will see a going out of business sale.
    In the USA they have similar rules called things like Chapter 11 and Chapter 7.

  • Liquidation or administration?

    If it's gone into administration they can continue trading. In liquidation then they are being wound up.

    • Hi SirFibbled.I believe it is in Liquidation.One site is gone altogether,the other is up (technically…a page is found,but no contact in any form can be made)and this line from the above link i added states this "The company’s website currently reads “Our site is under construction. Please check back soon.” But the reality is that the company’s lender has instituted foreclosure proceedings"…leading all to believe that it is indeed,not coming back and is being sold to make good on it's debts.

      • Sadly if you ordered before they went into administration (and then into liquidation which can happen pretty quickly if the company is in deep crap) then there's not much you can do about it.

        What sort of sites were they? Modnique looks like a clothing retailer? If that's the case how are they still taking orders if the site is down?

        • Hi SirFlibbled.They are indeed a clothing (Modnique) and BIDZ was a jewellery company (fine jewelery,diamonds etc….i bought once from them,diamond rings in order to maybe sell later.When i did go to sell,they were crap quality diamonds and gold and the jeweler just laughed at buying them ….offered $50.)They are no longer taking orders,but they were in deep crap prior to the site being down….and still took orders then(some were some massive orders by people,as they were a luxury brand seller…Tag Heuer,Armani,Chanel and the like).

        • @parisienne: A business can keep trading until they are insolvent and administrators are appointed. It sucks when a business collapses and people with orders end up the big losers. Technically they are unsecured creditors but the chances are they wont see their money. It's a risk to take with ordering from any business at anytime.

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