Owed £55k

[labman]

Re: Owed £55k

They can legitimately visit ANY address where they have good reason to believe there are company assets held.

[sprogg]

Re: Owed £55k

Excellent. Thank you

[labman]

Re: Owed £55k

If it's a limited company, they MUST be company property though. They can't go to his house and remove his own belongings. Sorry if that misled you!

[sprogg]

Re: Owed £55k

Its difficult to determine what is/not company property, but I guess that will be upto them to prove, not the sheriff.

I knew what you meant though, but thanks for the heads up.

[sprogg]

Re: Owed £55k

Is it possible to bring a claim against the secretary of the company for failing to inform creditors of changes to the company? If so, can I go after the secretary in person and for how much?

[wales01man]

Re: Owed £55k

Have the HCEO not done the job for you seems unlikely you can go after the secretary if they have broken company law that's for others to pursue surely?

[labman]

Re: Owed £55k

Is it possible to bring a claim against the secretary of the company for failing to inform creditors of changes to the company? If so, can I go after the secretary in person and for how much?

I haven't a clue sorry.

[charitynjw]

Re: Owed £55k

Just another thought.

Given my claim was based on a false misrepresentation, which is effectively fraud, would there be any benefit in reporting the matter to the police?

I am not the only one thats affected but am the only one taking the action.

This would potentially render the director(s) personally liable.

[sprogg]

Re: Owed £55k

This would potentially render the director(s) personally liable.

In your opinion, how would that make the directors personally liable? Were that the case wouldn't my solicitor have suggested that approach, or was that too difficult????

[MissFM]

Re: Owed £55k

Courtesy of Labman:

"The role of the director includes a duty of care to the company, its shareholders, employees and creditors. The director cannot be help personally liable for the company’s debts unless:

· The director’s personal PAYE and National Insurance (NI) contributions remain unpaid.

· Cash drawings have been taken from the business, in this case the director will be liable for their own Income Tax.

· Personal guarantees have been given on behalf of the company. This is a signed agreement that you can be held liable for a debt should the company fail to pay.

· In the even of the company being formally wound up the director the director is found guilty of the following:

§ Wrongful Trading: continuing to trade to the detriment of the company’s creditors when the company is insolvent e.g. continuing to draw a salary when the company is trading at a loss.

§ Fraudulent Trading: deliberately trying to defraud creditors or knowingly being party to the fraud taking place e.g. taking money from the company and falsifying the books.

§ Misfeasance: taking company funds/property for your own gain at the expense of the company’s creditors e.g. taking a salary rather than paying the company’s creditors.

All of the above are considered offences under the Insolvency Act 1986 and can result in the director being held liable for all of the company’s debt and the disqualification of the director. "

To which Charity has added "Corporate Manslaughter"

:tinysmile_aha_t:

[labman]

Re: Owed £55k

To be fair, corporate manslaughter was only mentioned as it was for a terrible terrible debt - water rates. :beagle:

[MissFM]

Re: Owed £55k

To be fair, corporate manslaughter was only mentioned as it was for a terrible terrible debt - water rates. :beagle:

[sprogg]

Re: Owed £55k

The company has submitted abbreviated accounts, would it be possible then to access or have view of the full accounts and if so, how?

[MissFM]

Re: Owed £55k

The company has submitted abbreviated accounts, would it be possible then to access or have view of the full accounts and if so, how?

Companies House?

[labman]

Re: Owed £55k

Companies House?

They would only have the abbreviated ones. HMRC and the company members have the full accounts, but I can't find out whether or not an outsider is allowed to see them.

I don't see why they should be TBH.