AI and Insolvency: Why avoidance letters don’t help

Published: 12/11/2025 By Andrew Bailey

It is amazing what AI can do. Having received many AI generated responses from parties I am pursuing on cases for funds taken inappropriately prior to an insolvency process, I asked AI "If you are a director of a company who has taken money you are not entitled to, the company goes into liquidation and the Liquidator asks for the money back can you write me a letter not conceding you are liable, providing no defence whatsoever but trying to kick the can down the road as far as possible please".
 
AI provided the following:
 
 [Liquidator’s Name]
 [Insolvency Firm Name]
 [Address]
 
 Dear [Liquidator’s Name],
 
I acknowledge receipt of your recent correspondence regarding the funds you allege were withdrawn inappropriately from [Company Name] prior to its liquidation. I am currently reviewing the circumstances surrounding these transactions and seeking professional advice to ensure that any response I provide is fully informed and accurate.
 
I must apologise for any delay in responding. The past several months have been particularly challenging on both a personal and financial level. Following the company’s collapse, I have faced considerable emotional strain and ongoing health issues, which have made it difficult to devote the necessary focus to these matters. In addition, many of the company’s records are held by former advisers, and retrieving them has taken longer than anticipated.
 
I assure you that I have every intention of cooperating with the liquidation process once I have been able to gather all relevant documentation and receive appropriate advice. I would therefore appreciate your patience and understanding while I work through this process.
 
Please rest assured that I will revert to you as soon as practicable with a more detailed response.
 
 Yours sincerely,
 [Your Signature]
 [Your Name]

 
It looks remarkably similar to some of the letters I receive but I do appreciate this is unfair on those who send a letter of this nature and the contents are 100% truthful.
 
It can be  frustrating but my view is that this approach serves no purpose. The Insolvency Practitioner is not going to go away but they will welcome a proactive approach to address any issues. Too often there is an absence of any reasonable defence and these matters become very protracted which must be hugely stressful for the party being pursued. Errors of judgement happen, some more serious than others.

However, the solution could be to take some advice, offer a substantiated defence, if there is one,  and understand that kicking the can is not a sensible approach as a way of trying to resolve the position. Work with the Liquidator not against them.