Bounce Back loan - closing company

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2023Anonymous

Hi everyone,

Unfortunately I am here looking for advice on the demise of my business before I get legal/professional help and pay for it.

I have been in business since 2012 running an e-commerce shop based within the sports industry, I started this business with just £2500 and no stock or loans, approx 5 years ago I got this to £650,000 turn over and about £50k in stock with healthy margins. The BBL came at a good time as we had just started working with a German supplier who wanted to off load a lot of stock at a great price, we used the £50k for this and made about £25k net profit from that deal alone within 8 weeks. Unfortunately not too long after that sales went down as life went back to normal, a lot of people in my industry are suffering and I am seeing companies and even distributors shutting each week.

Our sales are about 30% of what they used to be and margins are incredibly tight now we are having to lower prices even further to get a sale. The last 6 months have been tough, were lucky we have some cash savings from previous years and prepared for a slump as we have barely took a wage in this time, just enough to cover the outgoings at best.

The company is ran by me and my wife, no employees.

We have no credit accounts with suppliers, we have one credit card with about £10k on it which we have already factored in and have stock to pay this off.
The next thing is a BBL which has about £35k left, we have extended this in the hope it will help but after a year its getting worse and we have just took a holiday but in reality I think we will struggle to make it through the next 6-9 months as cash reserves are running very low and we now would struggle to even buy in sufficient stock to make a difference.

Its a tough place to be in and making me feel shit after 12 years of genuine hard work its come to this. I can clear the credit card, pay approx £5k off the BBL and that will be about all the money left.

What are my next steps here, is it simply a case of paying off what I can and then closing the business? There is no other assets, crazy to think just 5 years ago we have a warehouse for stock, new company vans and were doing very well.

I am looking for genuine advice and the BBL was took in good faith, spent within the company and helped us to get where we are now but cash is dwindling away each money and not enough is coming in. I have considered adding some personal savings to help keep it a float but I think I might shoot my self in the foot by doing this.

Apologies for any spelling errors, i have had to type this quickly while travelling!
 
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If you are closing the business down then the way the remaining funds are deployed is important. Generally, a Director that has a company being wound up should avoid paying one creditor ahead of another as it can lead to what is called a Preference.

Happy to chat through matters if it will assist.
 
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Thanks for the info.


The only reason I planned on doing that is because we have taken a BBL holiday for 6 months, I can then clear the stock I need to clear the CC which is costing us about £1000 a month (for the last 6 months), hopefully this breathing space will have helped but we really are cutting it close.

If we end up with virtually no stock and cash has been used to clear any debt/as much as we can then what’s the steps usually? Contact the bank and up date them, HMRC etc.

I genuinely am trying to get as much together as I can to clear as much debt as possible so I can walk away knowing I have tried to pay back as much as I can.

Maybe clearing this CC and the BBL holiday will help and get us back on track but I feel it’s a bit too late and we can’t work for nothing, we have our old bills and a daughter so we can burn through our savings trying to save a sinking ship and also work for nothing like we have been.
 
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Thanks for the info.


The only reason I planned on doing that is because we have taken a BBL holiday for 6 months, I can then clear the stock I need to clear the CC which is costing us about £1000 a month (for the last 6 months), hopefully this breathing space will have helped but we really are cutting it close.

If we end up with virtually no stock and cash has been used to clear any debt/as much as we can then what’s the steps usually? Contact the bank and up date them, HMRC etc.

I genuinely am trying to get as much together as I can to clear as much debt as possible so I can walk away knowing I have tried to pay back as much as I can.

Maybe clearing this CC and the BBL holiday will help and get us back on track but I feel it’s a bit too late and we can’t work for nothing, we have our old bills and a daughter so we can burn through our savings trying to save a sinking ship and also work for nothing like we have been.

If a company is insolvent (unable to pay its debts when they fall due) and if it cannot avoid insolvent Liquidation, then there are a series of Directors' duties that warrant regard for:

- the Creditor Duty (s172(3) of the Companies Act 2006 acknowledges its existence)
- pari passu principle (pro rata distribution of assets when shared by an insolvent estate)
- Wrongful Trading risk

In cases when insolvent Liquidation is largely inevitable then Directors typically benefit from the guidance of a Licensed Insolvency Practitioner, experienced in navigating these potentially troubled waters.

Disclaimer: This is not legal advice and should not be relied upon as such. Provided for general information purposes only.
 
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Once the BBL has gone into default there is a 12 months period in which the lender attempts recovery of the outstanding balance or in some cases agree a settlement figure.

There a set procedure that BBL lenders have to follow as agreed with the British Business Bank.
 
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(FYI You might want to put your post under the legal/employment/insolvency forum instead for more responses.https://www.ukbusinessforums.co.uk/forums/legal-employment-and-insolvency.57/)

The Company is currently insolvent so you should take care going forward as you may well be committing offenses that could come back to bite you personally in due course.

Most licensed Insolvency Practitioners will be happy to have an initial free chat to explore the options available.
 
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