Negotiations With IPs On What To Pay

callo

Free Member
Aug 1, 2015
39
0
50
Hello again

My limited company is going through the process of being made insolvent. The meeting of creditors has taken place, and the insolvency was 'approved'. From my understanding, the next step is negotiations with the IP about what I need to pay.

There is only one creditor - HMRC. The company owes them around £18K in CT. Because that figure wasn't in the company account (due to a number of horrible circumstances in 2015, not least my last client going into administration owing me 9K and me being out of work for two months), it's been taken down as a director's loan (just less than that, actually), and it's that which I'll have to repay.

My wife and I rent and have never owned a house. We don't have any savings, and our only income is my full time job, and my wife's 2.5 days a week part time job, which is all she can do as we have two small children (under 6 years old). I know this for sure - we don't have any money that we can use as a settlement figure (unless, perhaps, I get some money from the Redundancy Payment Service which would be, at the *very* best, 4K). So anything that we could find would be paid at the end of every month, for God knows how long.

I'm really quite stressed about the future, and so my question is this - how much 'power' or say do I have in these negotiations? Is this really a negotiation, or will they just come up with a figure that satisfies them and and ask me to pay a sum every month until that comes to an end? Is there any chance at all of having this written off, as it's not worth their while, or saying something like "I can give you every penny of whatever I get from the RPS, but can't do much more than that"?

How does this work?

Thanks in advance.
 

ethical PR

Free Member
  • Apr 20, 2009
    7,896
    1,771
    London
    I don't have any expertise around insolvency but in terms of household income, many women with young children do manage to work full time by using before and after school-care and holiday play-schemes, childminders etc

    It would of course depend on your wife's earning potential but could be worth looking at.

    Alternatively she maybe able to pick up evening shifts at a supermarket or similar, when you would be home to look after the children.

    You can also review your household budgets and see what you can do to cut out on any luxury items ie holidays/cigarettes/meals out etc

    These measure would help you as a household to get back on your feet.

    Good luck.
     
    Upvote 0

    Newchodge

    Moderator
  • Business Listing
    Nov 8, 2012
    22,800
    8
    8,045
    Newcastle
    In your circumstances you may wish to consider personal bankruptcy. You have nothing to lose except, possibly, your redundancy payment, and everything to gain.
     
    Upvote 0

    callo

    Free Member
    Aug 1, 2015
    39
    0
    50
    If you have no money and no assets, you are in a very strong position!

    How might that translate into a negotiation? Does a 'strong position' suggest I could look at paying only 90% back? 60%? 20%? Be bold enough to discuss the idea of having the figure struck off?

    I just don't want to go into this without any prior knowledge, or understanding of what is and isn't possible in this scenario. It may be a case that you can never get more than 10% off a DLA. At the other end, it may be common for DLA's to be shrunk to almost nothing when the client has no assets.
     
    Upvote 0

    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,476
    1
    1,450
    www.parkerandrews.co.uk
    You just need to prove to the IP that you have nothing with which to pay and reach an agreement to write the debt off. Who paid the Lqn fees - the Company or you personally? If you personally that that can be treated as a partial payment of the DLA. You could reach a deal that they can have some or all of your redundancy in full and final settlement.
     
    Upvote 0

    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,476
    1
    1,450
    www.parkerandrews.co.uk
    I presume it's a CVL? Did you not have a discussion with the IP about your DLA prior to putting the Company into Liquidation? What did you put on your Statement of Affairs form as realisable for the DLA?
     
    Upvote 0

    callo

    Free Member
    Aug 1, 2015
    39
    0
    50
    You just need to prove to the IP that you have nothing with which to pay and reach an agreement to write the debt off. Who paid the Lqn fees - the Company or you personally? If you personally that that can be treated as a partial payment of the DLA. You could reach a deal that they can have some or all of your redundancy in full and final settlement.

    Thank you Lisa. The company paid the LQN fees, everything that was left in the bank. A deal where they took every penny of my redundancy- should I get anything - would be ideal.

    I presume it's a CVL? Did you not have a discussion with the IP about your DLA prior to putting the Company into Liquidation? What did you put on your Statement of Affairs form as realisable for the DLA?

    Yes, it was a CVL. We had informal chats before we proceeded, discussing my DLA, but they simply said what everyone else says - we'll discuss what you can pay when the time comes.
     
    Upvote 0

    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,476
    1
    1,450
    www.parkerandrews.co.uk
    You might find that you don't get a say in it and the Liquidator snaffles any money due to your from the RPO but I would wait and see what happens with that first - don't be the first to rock the boat. Wait it out until they write to you and tell them you have no assets available to make any payments - let them raise the potential redundancy money, don't voluntarily bring it to their attention (some may not think of it...).
     
    Upvote 0

    Latest Articles