Non Payment of Wages

[bluetilidie]

Hi,
Back in 2013, the company that I am(was) sole director of unfortunately had to cease trading and we could not afford to pay the staff some of the monies owed to them. The company had no physical or financial assets and is currently still waiting strike off as the HMRC are taking the company to CC for non payment of wages (NMW), so put in an objection at Co House. Neither myself nor the company could afford insolvency.

I have had a letter today (and subsequently had it confirmed by e-mail) that the HMRC are taking the action against the Ltd Co NOT me personally and have 'been instructed' to seek Judgement.

I have been fully compliant with their investigation with regards to paperwork and figures owing but I have at no point made any promises or guarantee as a director.

What action should I take now, if any? I really do not want the Sheriff turning up at my home (which is the Co Reg Address) and trying to take my personal property.

TIA for any advice.

J

[matt3942]

Re: Non Payment of Wages

Hi [MENTION=45512]bluetilidie[/MENTION]

This isn't an area I'm terribly knowledgeable about; however, as you probably know, as a director of a private limited company your liability for debts (etc.) incurred by the company are limited, and as far as I know bailiffs (or whomever) cannot remove items that are not owned by the company (i.e. are not tangible assets), regardless of the company's registered address being your home address.

Perhaps someone more knowledgeable will come along shortly to clarify.

- Matt