Ltd company with debt fail to strike off

[takupark]

Hello there i have been reading lot of your articles towards people having trouble with their companies. I was wonderingyou can give me some advice on mine as well plx

Cut the story short
I owe money to HMRC about 7k and i tried to struck off the company before they sent me any letter of debt outstanding but my struck off was rejected. Now i am getting letters saying that i need to pay. Company has ceased trading and company do not have any assets.

I am currently working full time to pay off my monthly rental but thats about it and today when i cam back i received another letter notifying i failed to make monthly submission so out standing balance went up £500 more which i didnt even call HMRC yet about this matter.

Very confused and very lost.

Most awful thing of my current situation is this all happened because of my father. I didnt run this business my father did he has bad credit so he asked me if i can be the director than of course its your own father so i agreed to help than later i found out he was not paying tax now he is nowhere to be found and of course he knows all my personal details so he did many things which i didn't even agreed to through the phone.

Plx help me i do need your help i really dont know what to do thank you for your time.

 

[Scalloway]

The debt belongs to the company, not you so you have no personal liability for it. The short term answer is to use the Spongebob letter and every time a debt collector calls repeat "The company has no funds and has ceased trading. You are welcome to appoint a liquidator."

As for your father you need legal advice.

 

[Scalloway]

The spongebob letter is here

http://www.ukbusinessforums.co.uk/t...ich-to-pay-an-insolvency-practitioner.316523/

 

[Flashh]

I second the above.

 

[Lisa Thomas]

Follow the dissolution procedure to the letter. HMRC will probably reject at least once due to lack of final returns/accs etc but eventually if you keep trying it will slip through the net and be dissolved. This is on the understanding there are no assets, including any Directors Loan Account/s etc.

 

[MikeJ]

I am currently working full time to pay off my monthly rental

Could this indicate preferential payment of debtors? (appreciate we don't know many details here)

 

[Lisa Thomas]

If the Company is trading and using funds to pay its landlord over HMRC then yes this could amount to a preferential creditor payment - as you say more information is needed.

 

[RedundancyClaim]

Hi, Just a few initial thoughts on your situation.


If the company has no assets, applying to strike-off the company can be enough but it always runs the risk that creditors will object. Many won’t object but HMRC usually will want payment in full, even if this is in instalments. Did you write to HMRC at all to make them aware the company has no assets? Unfortunately if a company has debts, unless the creditors consent to the company being stuck-off, it should enter liquidation to bring matters to an orderly close. Even if a company is struck-off a creditor can come out of the woodwork and has 6 years to restore the company. That means the headache can begin again.

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