HELP!! LTD company gone bust can’t pay IP. Creditors forced me out of business.

Alice Cooper

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Jan 12, 2025
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What's the estimated value of your stock?
Probably get about £1.50 for the jar candles
I have about 30 of them
Little trinkets about £2 each
There’s absolutely nothing of value where I can pay a liquidator

By all means if someone wants to buy the stuff, they can have it!
If it went to auction, it would never raise enough

I therefore need someone to please help me with SpongeBob

How I start
How I maintain
What I do if things crop up

Yes I’ve read the SpongeBob thread but I would LOVE in out from someone who’s followed it and succeeded

The only one thread I read was from someone, who, 3 years on, still isn’t dissolved

They said there had been no chasing during that time but company still active
 
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If you’ve successfully managed to complete the SpongeBob process, please, please guide me in the right direction
Here goes - for your own sanity do absolutely nothing apart from telling Companies House company is no longer needed. They will start the Strike Off process for you.

Any correspondence from Creditors/Solicitors just respond back saying company is insolvent and being informally wound up. They can appoint liquidators if they wish.

Stock & Fixtures - move it all into the 3rd unit if you have still have use of it or move into your garage/lock up etc if not. Just leave it there ready for the liquidator, if appointed, to arrange for its valuation and auction off. My guess nobody will come for it!!
 
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Lisa Thomas

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I have offered to speak to you about your options, which will have included dissolution.

See here for the full details.
I know a third party that can help you with all this for a small fee if you want help with it.

Alternatively compulsory liquidation via court would be the cheapest option, starting at c£3k.
 
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Alice Cooper

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Jan 12, 2025
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I will repeat what I said above - call the Business Debtline.
I already had a case with them
I could never get through to them and my mental health got to a point whereby what they were telling me wasn’t being processed by my brain

They made it clear that they’re not able to work for you, ie speak on behalf of ( like places such as stepchange ) and that they help you to help yourself but when I spoke to them they kept asking me to put budgets together, letters, etc, my frame of mind wasn’t in the right place and when I tried to follow their instruction I seemed to collapse all the more because I was so over whelmed

The case ref I have with them is still applicable I just haven’t spoken to them in a while because I wasn’t able to fully follow their suggestions at that time
 
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tony84

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Everything I got in terms of invoices all say the company name
I have never read of any personal guarantee

My suppliers only consisted of a few, so it wasn’t big business by any means - I dealt with the same few people and one of the creditors specified that they only dealt with ltd company’s, so with that in mind I don’t think any such guarantee was on that debt eirher

to be clear
The main debts all came to the ltd company and there was no documentation or docusign signature needed for anything - meaning that I didn’t agree to a personal guarantee ?

As for my accountant - he knew I had had enough when I last went to see him as he said I wasn’t the same woman that walked in when he first met me, so he said it was evident I was tired - and that’s when he said to stop!
However, when I mentioned a friend of mine who had simply walked away from his business with absolutely no come backs, he said he despises those kinds of people because it’s almost like they’re laughing at the hard workers that “ do things properly “
I therefore can predict his response when I tell him my plan and he will likely just say “ ok? Off you go with it, I can’t advise you further “

Thank you for your understanding - definitely not abusing the SpongeBob route and I’m grateful that you’re able to see that - I wouldn’t know how to abuse it, as it’s evident I’ve got myself tangled in something I didn’t / don’t much understand 😞 xx
There are people who close businesses after running up debt and laugh it off.
This is different. I am not here to kick you but you were given advice by your accountant which you ignored. Ultimately you made mistakes, you tried and your not just trying to pull a fast one.

I think I like your accountant. Speak to him. Tell him what you plan to do, your going to come across as genuine and sincere rather than a dodgy business woman. I have been ripped off by a dodgy business man. He drove around in a range rover and just laughed saying the business is closed when I went round for my money. I went again 2 days later with a relative who is 6ft, built like a tank with a shaved head... the bloke opened his wallet and pulled out a wad of cash... Thats who your accountant doesnt like. Thats who nobody likes.

Oh and stop assuming you have no personal guarantees. Go and read your paperwork. If I were in your shoes, I would want to know exactly what I was on the hook for if/when things go south.

Your stressing over the debt, but yet you have no idea how much you should be worrying over. If there are no personal guarantees, then you can sleep at night. If you are liable for the full amount then you might soon have people knocking at the door.
 
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japancool

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    Probably get about £1.50 for the jar candles
    I have about 30 of them
    Little trinkets about £2 each
    There’s absolutely nothing of value where I can pay a liquidator

    But you said:

    I have around 24k saleable value sitting in that 3rd shop, untouched, untouched because I’d been too anxious to go into the unit and sell it.

    This is why you need to take control and really understand your position, and take action. You really should listen to what the Business Debtline is saying. Yes, they won't speak on your behalf, but that's not going to help right now. The SpongeBob plan (i.e. dissolution) is not guaranteed to work.

    None of this is insurmountable, as long as you actively decide to deal with it. Dissolution might be the best choice, but it might not be. Take advantage of @Lisa Thomas's offer above.
     
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    bovine

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    Many replies, from a lot of well respected forum users. I would just repeat that you need to understand that your debts and the businesses are separate unless personally guaranteed. You also mention the stock wont cover the cost of the liquidation - it might. The cost of the liquidation is the funds the IP needs to pay themselves and then any monies they raise would be sent out to cover the debts (in my experience more often than not there are no funds to distribute at the end of it). So I think you may find its doable. I would usually suggest spongebob, which can almost equate to just doing nothing but its more complicated nowadays with bbls etc. In your case, it does sound like an IP would be of great benefit to you and would really help.

    Accept that the business as is has failed, learn from it and rebuild again. Many successful business people have one or more failed businesses behind them. As long as you learn from them, theyre not failures!

    edit to add - speak to one of the IPs from this thread.
     
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    Alice Cooper

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    There are people who close businesses after running up debt and laugh it off.
    This is different. I am not here to kick you but you were given advice by your accountant which you ignored. Ultimately you made mistakes, you tried and your not just trying to pull a fast one.

    I think I like your accountant. Speak to him. Tell him what you plan to do, your going to come across as genuine and sincere rather than a dodgy business woman. I have been ripped off by a dodgy business man. He drove around in a range rover and just laughed saying the business is closed when I went round for my money. I went again 2 days later with a relative who is 6ft, built like a tank with a shaved head... the bloke opened his wallet and pulled out a wad of cash... Thats who your accountant doesnt like. Thats who nobody likes.

    Oh and stop assuming you have no personal guarantees. Go and read your paperwork. If I were in your shoes, I would want to know exactly what I was on the hook for if/when things go south.

    Your stressing over the debt, but yet you have no idea how much you should be worrying over. If there are no personal guarantees, then you can sleep at night. If you are liable for the full amount then you might soon have people knocking at the door.
    Vat
    But you said:



    This is why you need to take control and really understand your position, and take action. You really should listen to what the Business Debtline is saying. Yes, they won't speak on your behalf, but that's not going to help right now. The SpongeBob plan (i.e. dissolution) is not guaranteed to work.

    None of this is insurmountable, as long as you actively decide to deal with it. Dissolution might be the best choice, but it might not be. Take advantage of @Lisa Thomas's offer above.
    thank you once again for the reply

    Regarding the stock level, when I quoted the prices above, that was for auctioned stock value as the value will be greatly reduced in auction

    I’m talking RRP when referring to 24k- but in reality, I know for a fact that it it was sold to pay debts by a liquidator, I’d be lucky to fetch a fraction of what those invoices say!

    You mention dissolution not being the best option for some but honestly, I can’t stress enough how much this has battered my mental health …

    I’ve got to a point now where I either

    1) Save the business and potentially hinder myself all the more given the affects it’s had already

    Or

    2) Save myself, for once in my life ..

    I know I that so many replies have stated to fight, or that things may not be as bad as we think but when you’re waking up day in day out the way that I am, there’s absolutely no fight left, regardless of if the situations as bad as I may think or not.

    I know a million percent given that I am leaving 2 units on Sunday, that there’s no going back now!
    The 2 units I’m vacating were my baby and the 3rd cannot compare - with that in mind I already feel as though my world has collapsed around me and as my landlord knew my situation ( he’s a business man and talks sense ) he suggested I do a hard reset - I say goodbye, I clear my mind and I start again!

    Knowing I’ve given up those 2 units there’s undoubtedly no way back

    I need this to be over because I can’t cope much more with it

    I appreciate your thoughts and input I really do xx
     
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    japancool

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    I’m talking RRP when referring to 24k- but in reality, I know for a fact that it it was sold to pay debts by a liquidator, I’d be lucky to fetch a fraction of what those invoices say!

    Sure, but 30 jar candles and a few £2 trinkets wouldn't add up to 24k.

    You mention dissolution not being the best option for some but honestly, I can’t stress enough how much this has battered my mental health …

    Saving the business isn't why I'm saying dissolution might not be the best option. HMRC could object if they believe you have unpaid debt, or your other creditors could do the same. And although you say that you haven't signed a personal guarantee, you wouldn't want to find out after the fact that a contract you've agreed to does, in fact, have one.

    I'm not saying that it's NOT the right solution. It might be. But it really sounds like you're fixated on this and aren't looking at other possible solutions. What you don't want is a disputed dissolution hanging over you for years, and the letters to keep coming.

    All I'm saying is that, why don't you at least talk to someone like Lisa. You might come to the comclusion that dissolution IS the right answer, but then you'll have had the opinion of an expert, rather than stories from random people on the internet.

    It won't cost you anything, so what have you got to lose?
     
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    Alice Cooper

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    Sure, but 30 jar candles and a few £2 trinkets wouldn't add up to 24k.



    Saving the business isn't why I'm saying dissolution might not be the best option. HMRC could object if they believe you have unpaid debt, or your other creditors could do the same. And although you say that you haven't signed a personal guarantee, you wouldn't want to find out after the fact that a contract you've agreed to does, in fact, have one.

    I'm not saying that it's NOT the right solution. It might be. But it really sounds like you're fixated on this and aren't looking at other possible solutions. What you don't want is a disputed dissolution hanging over you for years, and the letters to keep coming.

    All I'm saying is that, why don't you at least talk to someone like Lisa. You might come to the comclusion that dissolution IS the right answer, but then you'll have had the opinion of an expert, rather than stories from random people on the internet.

    It won't cost you anything, so what have you got to lose?
    They do when they’re sold at RRP at £15 each - but I was just using those as an example to demonstrate that the stock isn’t high valued stock items

    Wholesale price is about 13k give or take and a lot of the bulk bought products would fetch about 50p at auction due to the nature of the goods and struggle to shift it at an auction

    I have spoken to several IP and the majority have said the same thing - they then went ahead and sent emails outlining what I MUST DO so not to avoid directors obligations etc- some of the advice once put into email were projected quite worryingly and that added to my stresses

    I haven’t joined the forum without having done anything - I know I may come across as not having a clue in certain areas but I have contacted the business debtline, I have contacted IP, I have tried to reason with creditors.
    I have spoken to my accountant prior to this and admitted that I was wrong in not taking his advice, but this was mainly in relation to bill buying stock which made my accounts look like I wasn’t able to make much profit as most of my money went back into stock that was just sitting

    Regarding personal guarantees, I looked into this today - I owe 2 main suppliers, these suppliers are not looking to negotiate but there’s no personal guarantee attached

    The other 2 creditors agreed to a payment plan …

    The creditor that added the additional £3000 compensation cost sent the debt to trade insurance -
    I spoke to my old sales rep today and it came to light that the supplier had no idea that trade insurer was refusing my payment proposals …
    As the situation has escalated to an unmanageable level, ie the debt has risen by almost double, there’s absolutely no negotiating at this time

    I’m certain HMRC will object to strike off
    I owe them £1500 but it was passed onto advantis at some point and when I went to address the issue I was told that they didn’t hold the account ( meaning HMRC took it back )

    I plan on emailing the supplier tomorrow - the director.
    My intention is to offer the stocks back .. at the end of the day I’m not going to sell it and if a bailiff takes it, the monies raised from any such sale risks going to another creditor who possibly got a warrant of control.
    I know it doesn’t solve my debt issue with that supplier with immediate effect but I’d prefer that the stocks went back to where they came from rather than to be taken for the purpose of paying a completely different creditor, and it also saves the supplier of those goods issuing enforcements only to levy on their own stock with the view of auction sales ( also makes no sense to do that )

    So whilst I know I may come across as not the brightest bulb in the box based on how I’ve conducted my affairs, I have done my research, I have sought advice from various people, I have spoken to debt charities and I have looked at other options

    At risk of sounding like those who abuse the system - I just wanna walk away now…
    I’m tired 😪
     
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    Lucan Unlordly

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    You need a clear head to take this forward...

    Courtesy of Dale Carnegie....

    Stop worrying about the future....

    'Live your life in day tight compartments'
    You cannot change what happened yesterday, you cannot change what may happen in the future. Focus on and take the action you can take today that will influence what you do tomorrow and so on...

    -------------------------------------------------------------------------------------------------------------------
    I made this into a big sign when I lost a well paying job, was 2 weeks away from house repossession, new baby etc., Facing financial ruin, worried about what people would think, letting go of my dreams. It helped me and still does....

    'I had the blues because I had no shoes, until upon the street I met a man who had no feet, 'Count your Blessings not your Troubles'
     
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    Lisa Thomas

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    Well as they say you can lead a horse to water
    £24k RRP of stock would probably sell for at least £3k, which would give OP enough funds to liquidate in the court.
     
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    Alice Cooper

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    Well as they say you can lead a horse to water
    I think many of you are assuming that I’ve done absolutely nothing

    Just because I won’t call another IP it doesn’t mean I haven’t already made the calls

    I appreciate there are IP looking to assist as it’s their job but I’m sorry, I don’t have the funds to be able to do that and I, much like others, came here for help that didn’t include that


    I’ve taken everything on board - I’m not being ignorant, I just haven’t got the means to do what’s being recommended

    Not only that, but this has genuinely impacted me a great deal.
    I’m not a crook, I’m not a dodgy business woman.
    I’ve lost everything - including my sanity …
     
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    Lisa Thomas

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    It sounds like you have already made your decision to dissolve the company.

    I have offered to provide you with contact details for a third party who can help you with that, or you can do it yourself. I have given you the link with instructions on how to do it yourself.

    Is there anything else we can help you with?
     
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    Alice Cooper

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    It sounds like you have already made your decision to dissolve the company.

    I have offered to provide you with contact details for a third party who can help you with that, or you can do it yourself. I have given you the link with instructions on how to do it yourself.

    Is there anything else we can help you with?
    And I have taken it on board, thank you - as well as know how to contact company’s house to strike off

    I came here because I knew I only had one option and that option was the sponge Bob plan.
    I had been reading the forums for weeks before posting just to get my head around things

    That route is my only option - I truly do believe that and I believe that based on what I know of the mess I’m in with debts and with the type of stock I sell
    Some of it wouldn’t even go to auction ( little key rings, home made hand crafted kits )
    It wouldn’t fetch much at all
    My debt also included fittings

    I am exceptionally grateful for all of your responses I truly am

    I came here after reading other peoples posts whereby the chose the SpongeBob, too, so I was somewhat hoping that by posting my situation, those people would come forward with outcomes and so forth as this also helps to understand whether we are doing the right thing

    I shall refrain from posting any further on this but I would really like to come back with an update

    And again, I thank you all so very much for your time and your contribution.
    Perhaps I should work on clearing my head before moving forward as we can’t operate properly with our head space all in a muddle.

    All the best ❤️
     
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    Lisa Thomas

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    Good luck with everything and yes, please come back and let us know how you get on.
     
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    WaveJumper

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    I think many of you are assuming that I’ve done absolutely nothing

    Just because I won’t call another IP it doesn’t mean I haven’t already made the calls

    I appreciate there are IP looking to assist as it’s their job but I’m sorry, I don’t have the funds to be able to do that and I, much like others, came here for help that didn’t include that


    I’ve taken everything on board - I’m not being ignorant, I just haven’t got the means to do what’s being recommended

    Not only that, but this has genuinely impacted me a great deal.
    I’m not a crook, I’m not a dodgy business woman.
    I’ve lost everything - including my sanity …
    My question remains have you sat down and made a list - what the Ltd is liable for and more importantly what are you personally liable for ......... what personal guarantees have you given (if any) that could come back and bite you where it hurts

    I appreciate its a very stressful situation but knowing exactly where you stand at this moment in time is very important
     
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    tony84

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    My question remains have you sat down and made a list - what the Ltd is liable for and more importantly what are you personally liable for ......... what personal guarantees have you given (if any) that could come back and bite you where it hurts

    I appreciate its a very stressful situation but knowing exactly where you stand at this moment in time is very important
    I mentioned this a few times to. The answer has always been a bit vague so I am working on the assumption the answer is no, not properly.

    The funny thing is, if it was zero then there is absolutely no stress other than maybe the tax bill but they would take it on the drip anyway I imagine.
     
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    Alice Cooper

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    I mentioned this a few times to. The answer has always been a bit vague so I am working on the assumption the answer is no, not properly.

    The funny thing is, if it was zero then there is absolutely no stress other than maybe the tax bill but they would take it on the drip anyway I imagine.
    Morning
    I have answered the question 😊
    Because I don’t let many, many different companies and the debt is between 3, I got a hold of the invoices and it states that the agreement is between the company and the supplier
    Nowhere does it state I’m personally liable for anything
    I haven’t taken out any loans because I couldn’t get them
    It was literally all just wholesale stock and I have energy supplier, too, that’s also in the company name
    Ironically they emailed me yesterday saying they’ll get a high court writ if I don’t pay the £600 - I have yet to send the letter regarding insolvency which shall be sent when the door closes on Sunday as I wouldn’t want anyone turning up in the meantime whilst the units being cleared out
    So in answer to the question, none of the terms state that I am personally responsible for anything
     
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    Alice Cooper

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    Morning
    I have answered the question 😊
    Because I don’t let many, many different companies and the debt is between 3, I got a hold of the invoices and it states that the agreement is between the company and the supplier
    Nowhere does it state I’m personally liable for anything
    I haven’t taken out any loans because I couldn’t get them
    It was literally all just wholesale stock and I have energy supplier, too, that’s also in the company name
    Ironically they emailed me yesterday saying they’ll get a high court writ if I don’t pay the £600 - I have yet to send the letter regarding insolvency which shall be sent when the door closes on Sunday as I wouldn’t want anyone turning up in the meantime whilst the units being cleared out
    So in answer to the question, none of the terms state that I am personally responsible for anything
    Morning
    I have answered the question 😊
    Because I don’t owe many, many different companies and the debt is between 3, I got a hold of the invoices and it states that the agreement is between the company and the supplier..
    Nowhere does it state I’m personally liable for anything !
    I haven’t taken out any loans because I couldn’t get them ..
    It was literally all just wholesale stock and I have the energy supplier, too, that’s also in the company name.
    Ironically they emailed me yesterday saying they’ll get a high court writ if I don’t pay the £600 - I have yet to send the letter regarding insolvency which shall be sent when the door closes on Sunday as I wouldn’t want anyone turning up in the meantime whilst the units being cleared out
    So in answer to the question, none of the terms state that I am personally responsible for anything
     
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    tony84

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    Morning
    I have answered the question 😊
    Because I don’t let many, many different companies and the debt is between 3, I got a hold of the invoices and it states that the agreement is between the company and the supplier
    Nowhere does it state I’m personally liable for anything
    I haven’t taken out any loans because I couldn’t get them
    It was literally all just wholesale stock and I have energy supplier, too, that’s also in the company name
    Ironically they emailed me yesterday saying they’ll get a high court writ if I don’t pay the £600 - I have yet to send the letter regarding insolvency which shall be sent when the door closes on Sunday as I wouldn’t want anyone turning up in the meantime whilst the units being cleared out
    So in answer to the question, none of the terms state that I am personally responsible for anything
    It would not be on your invoice. It would be in your contract.
     
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    JEREMY HAWKE

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    Unlike the others on here I dont do "sorry to hear that" emotions ,feelings and poor you :(
    Its business
    Lately I have avoided promoting the spongeBob plan as we have seen to many firms take advantage of the plan to avoid paying liquidation fees and probably making off with a couple of nice cars in the process!

    You have nothing to lose by Spongbobbing it ! You say you have lost everything You live in a rented house so there was nothing in the first place for you to lose in reality .

    Follow Bobs plan and forget all this and just get rid of this horrendous liability around your neck .
    It does not look like a viable company So I would do this and get rid of it as quickly as possible

    Its is not you that owes this money but the company
     
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    Alice Cooper

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    Hi everyone
    An update
    So as per the SpongeBob plan where it advised business rental premises be vacated
    Yesterday I closed my doors 😞

    With that in mind, now that this has happened do I just walk away ?
    I understand that in doing this I still face action against me and that enforcements will continue but I have just a couple of questions

    1) Some people have suggested to do nothing - does this include not writing the letters to creditors

    2) I was threatened with a winding up petition about a week ago, now that the doors are officially closed how does this work and if I don’t respond to any court letters etc, what position does this put me in as evidently I wouldn’t have received the documents if they’ve been posted to a vacated business address

    Just wondering what happens now!?

    I know a few of you have said - walk away, forget, get on with your life

    But as I don’t have too much understanding of this plan, I wonder what the consequences of not responding to letters would be ?

    I shall keep you all updated as the weeks go by 😊
     
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    Lisa Thomas

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    1. Follow the dissolution plan:


    2. The creditor may liquidate the company in court (but it will cost them a few thousand pounds so often not commercially sensible).

    If you're not forwarding/monitoring the post you might not find out it has happened, unless you keep checking online for updates.
     
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    Michael Loveridge

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    I tried to save the two original units but then letters were arriving from creditors which had additional fees added on, compensation costs, and these debts had increased by a further £5000 🥺
    One supplier added a compensation charge of £3000 onto my bill for “late payment of invoice”, which saw a £5900 bill shoot up to £9000
    This debt is currently with solicitors and they’ve told me that if they take it to a court they’re adding more compensation and court fees on top which will essentially see this one debt fly into £10k or more when the original balance was £5900
    I haven't read the whole thread, but I was shocked by this.

    The first and most important thing to say is that the company's debts are not your debts. It frankly doesn't matter if creditors issue County Court claims or a winding up petition against the company, as the company is clearly insolvent, and there's no point in defending such court actions. Let them get a CCJ / winding up order - so what? They can't take anything that belongs to you as an individual.

    But the reason I was shocked is that suppliers have no legal right whatsoever to add a £3,000 "compensation charge" to their bill, They are entitled to recover "reasonable recovery charges", but there's no way on earth that a court would allow a creditor to add £3,000 to a £5,900 bill.

    And for solicitors to pursue such a debt would, in my opinion , amount to serious professional misconduct. A solicitor must not pursue payment of a debt that they know to be legally irrecoverable.

    In your own case, as the debt is owed by the company, so will never be paid anyway, it doesn't matter if they'd added a £30,000 "compensation charge", but I thought I'd post this for the benefit of other people who might read the thread.

    You've received some excellent advice, but the bottom line is that it's the company that owes the money, not you personally. And whilst you may see it as your "baby" the whole point of limited liability is that it enables you to take risks without putting your own personal assets and income at risk.

    In this case you did your best, but it didn't work out, and you have the privilege of being in the very best of company! Many of the world's most successful business leaders have been through the same experience when starting in business. In fact, in the USA there's a saying that you can't consider yourself a proper businessman unless you've had at least 3 businesses go bankrupt!

    So you can and should just walk away from the company. You should also ignore threats of legal action against the company, as whatever action may be taken can't affect you personally. The reason the creditors are so aggressive is that they will have realised they're wasting their time trying to sue the company, so their only hope of getting any cash is to terrorise and harass you into paying the company's debts yourself, which you would be crazy to do.

    And finally, just be grateful that you did form a limited company. It means that you're completely protected from these obnoxious creditors, and can basically stick two fingers up at them. It also means that you've learned some very hard - but very valuable - lessons, and there's no reason you shouldn't try again once you've extricated yourself from this situation.
     
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    Lucan Unlordly

    Free Member
    Feb 24, 2009
    3,961
    994
    It means that you're completely protected from these obnoxious creditors, and can basically stick two fingers up at them.
    A little harsh if one considers the possibility that creditors may be teetering on the brink of collapse, laying off staff, defaulting on rent?

    That's a general view, not specifically aimed at the one who overloaded the original invoice.
     
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    Michael Loveridge

    Free Member
    Aug 2, 2013
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    A little harsh if one considers the possibility that creditors may be teetering on the brink of collapse, laying off staff, defaulting on rent?

    That's a general view, not specifically aimed at the one who overloaded the original invoice.
    That's why I used the term `obnoxious', to distinguish the particular ones mentioned by the OP and their parasitical agents from ordinary creditors. Of course I have sympathy for ordinary, decent businesses who are caught out by insolvency.
     
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    Russ Michaels

    Free Member
    Business Listing
    Jan 19, 2018
    214
    1
    62
    you could go for voluntary insolvency.
    It's considered a dodgy practice, but I know what a lot of people do is start a new business and then sell all the stock/assets to that new business for peanuts and just start again. This screws the creditors, but if they won't get their money back regardless....

    I would also suggest you actually learn how to run a business the 2nd time round, there is plenty of online resources for this and books on Amazon.
    Love the name BTW, I am an Alice copper fan :)
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,446
    1
    1,441
    www.parkerandrews.co.uk
    you could go for voluntary insolvency.
    It's considered a dodgy practice, but I know what a lot of people do is start a new business and then sell all the stock/assets to that new business for peanuts and just start again. This screws the creditors, but if they won't get their money back regardless....

    I would also suggest you actually learn how to run a business the 2nd time round, there is plenty of online resources for this and books on Amazon.
    Love the name BTW, I am an Alice copper fan :)
    OP doesn't think the company has sufficient funds for a voluntary liquidation.
     
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    ethical PR

    Free Member
  • Apr 20, 2009
    7,895
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    London
    I haven't read the whole thread, but I was shocked by this.

    The first and most important thing to say is that the company's debts are not your debts. It frankly doesn't matter if creditors issue County Court claims or a winding up petition against the company, as the company is clearly insolvent, and there's no point in defending such court actions. Let them get a CCJ / winding up order - so what? They can't take anything that belongs to you as an individual.

    But the reason I was shocked is that suppliers have no legal right whatsoever to add a £3,000 "compensation charge" to their bill, They are entitled to recover "reasonable recovery charges", but there's no way on earth that a court would allow a creditor to add £3,000 to a £5,900 bill.

    And for solicitors to pursue such a debt would, in my opinion , amount to serious professional misconduct. A solicitor must not pursue payment of a debt that they know to be legally irrecoverable.

    In your own case, as the debt is owed by the company, so will never be paid anyway, it doesn't matter if they'd added a £30,000 "compensation charge", but I thought I'd post this for the benefit of other people who might read the thread.

    You've received some excellent advice, but the bottom line is that it's the company that owes the money, not you personally. And whilst you may see it as your "baby" the whole point of limited liability is that it enables you to take risks without putting your own personal assets and income at risk.

    In this case you did your best, but it didn't work out, and you have the privilege of being in the very best of company! Many of the world's most successful business leaders have been through the same experience when starting in business. In fact, in the USA there's a saying that you can't consider yourself a proper businessman unless you've had at least 3 businesses go bankrupt!

    So you can and should just walk away from the company. You should also ignore threats of legal action against the company, as whatever action may be taken can't affect you personally. The reason the creditors are so aggressive is that they will have realised they're wasting their time trying to sue the company, so their only hope of getting any cash is to terrorise and harass you into paying the company's debts yourself, which you would be crazy to do.

    And finally, just be grateful that you did form a limited company. It means that you're completely protected from these obnoxious creditors, and can basically stick two fingers up at them. It also means that you've learned some very hard - but very valuable - lessons, and there's no reason you shouldn't try again once you've extricated yourself from this situation.
    Wow one of the worst posts I have seen on here and sorry to see people I admire like Lisa liking it

    You advise sticking two fingers at obnoxious creditors . These 'obnoxious creditors' are often individuals and family run small businesses who are self employed who could lose everything and go bust themselves /lose their homes and other assets when you do this .
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,446
    1
    1,441
    www.parkerandrews.co.uk
    Wow one of the worst posts I have seen on here and sorry to see people I admire like Lisa liking it

    You advise sticking two fingers at obnoxious creditors . These 'obnoxious creditors' are often individuals and family run small businesses who are self employed who could lose everything and go bust themselves /lose their homes and other assets when you do this .
    The majority of the post was good advice.
     
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