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Hi,
I've had notification from a Liquitaion practitioner that they intend to re-open a protective writ enabling them to take directors to court for misfeasance.
As one of the directors - who absolutely contests the misfeasance charge ( honestly it looks like a scam to use up the last few ££££s of the realisations of liquidation!) - I'd like to know how long after the original protective writ was made can they re-open the writ and use it to sue me?
Basically the case was 6 years old when the writ was first acquired.
I have never seen or heard about the writ at any point until now.
IMPORTANTLY - the writ was started in 2008 and 8 years later they are trying to re-open it.
If they can still do this indefinitely then what is the point in the original 6 years limit of perusing me on this issue - if a vague protective writ can simply be re-opened at any time?
Basically this has been hanging over me for 14 years now and in all that time I've had no contact from the Liquidator or any solicitors.
I found out about the original writ and the reopening as I'm also a creditor - and receive a creditors letter ever year. This year it told me they were suing the directors by opening this protective writ.
I've contacted 3 solicitors so far and not one of them has been able to answer my question. PLEASE help.
ALSO: The liquidation proceedings brought in c£100,000 sum in the first 6 months of liquidation - 2002 with the help of the directors, finishing off work - unpaid!
Since then and for the last 14 years the liquidator has brought in £0.00 from debtors. The balance of the account now stands at £500 as the liquidator and his firm of solicitors has used all £100,000 in their fees - with no results.
They now seem to be turning to the directors to REFILL their slush fund.
Their grounds being that we had a book debt that we should have know couldn't be paid becuase the company that owed it was 'technically' insolvent.
The irony is we did the work (services), the debtor didn't pay, the liquidator spent £30k suing the debtor, eventually winding them up and getting no money and now he thinks we should pay the debt for work we did and didn't get paid for.
He says we should have know they were insolvent in 2001 even though he spent £30K suing them and winding them up in 2009!!!
They continued to trade for 8 years after - and he add an easy route to say they were insolvent by looking at their accounts.
Why is this rule good enough to pursue us but he is totally exempt from this "you should have known they were insolvent!"
It's the craziest thing I've ever heard but its a true story.
Please - somebody - what can I do about this as I'm trying to move on with my life and simply can't thinking that I'm going to summonsed to court any minute. :tinysmile_cry_t:
Thanks.
Desperate!
I've had notification from a Liquitaion practitioner that they intend to re-open a protective writ enabling them to take directors to court for misfeasance.
As one of the directors - who absolutely contests the misfeasance charge ( honestly it looks like a scam to use up the last few ££££s of the realisations of liquidation!) - I'd like to know how long after the original protective writ was made can they re-open the writ and use it to sue me?
Basically the case was 6 years old when the writ was first acquired.
I have never seen or heard about the writ at any point until now.
IMPORTANTLY - the writ was started in 2008 and 8 years later they are trying to re-open it.
If they can still do this indefinitely then what is the point in the original 6 years limit of perusing me on this issue - if a vague protective writ can simply be re-opened at any time?
Basically this has been hanging over me for 14 years now and in all that time I've had no contact from the Liquidator or any solicitors.
I found out about the original writ and the reopening as I'm also a creditor - and receive a creditors letter ever year. This year it told me they were suing the directors by opening this protective writ.
I've contacted 3 solicitors so far and not one of them has been able to answer my question. PLEASE help.
ALSO: The liquidation proceedings brought in c£100,000 sum in the first 6 months of liquidation - 2002 with the help of the directors, finishing off work - unpaid!
Since then and for the last 14 years the liquidator has brought in £0.00 from debtors. The balance of the account now stands at £500 as the liquidator and his firm of solicitors has used all £100,000 in their fees - with no results.
They now seem to be turning to the directors to REFILL their slush fund.
Their grounds being that we had a book debt that we should have know couldn't be paid becuase the company that owed it was 'technically' insolvent.
The irony is we did the work (services), the debtor didn't pay, the liquidator spent £30k suing the debtor, eventually winding them up and getting no money and now he thinks we should pay the debt for work we did and didn't get paid for.
He says we should have know they were insolvent in 2001 even though he spent £30K suing them and winding them up in 2009!!!
They continued to trade for 8 years after - and he add an easy route to say they were insolvent by looking at their accounts.
Why is this rule good enough to pursue us but he is totally exempt from this "you should have known they were insolvent!"
It's the craziest thing I've ever heard but its a true story.
Please - somebody - what can I do about this as I'm trying to move on with my life and simply can't thinking that I'm going to summonsed to court any minute. :tinysmile_cry_t:
Thanks.
Desperate!
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