Notice of Issue of Court Proceedings

[marscarsmaggie]

Our old company has been issued with a letter for the above giving us until 14th May to pay-up.
Our old ltd. co. has ceased trading due to insolvency, has no assets and is in the process of being struck-off and dissolved; there are also no directors as they have terminated their appointment - the company know all this and are still chasing.
Do we just send them back a letter confirming the above and ignore the court threat? as we as we understand the debt is with the company and not us personally so if they decide to issue a ccj it will lie with the old ltd. co. anyway - would this have any effect on our personal standing and credit rating?

 

[Super Simon]

Our old company has been issued with a letter for the above giving us until 14th May to pay-up.
Our old ltd. co. has ceased trading due to insolvency, has no assets and is in the process of being struck-off and dissolved; there are also no directors as they have terminated their appointment - the company know all this and are still chasing.
Do we just send them back a letter confirming the above and ignore the court threat? as we as we understand the debt is with the company and not us personally so if they decide to issue a ccj it will lie with the old ltd. co. anyway - would this have any effect on our personal standing and credit rating?

They are perfectly within their rights to oppose the application to Companies House for you to strike off your company.

If they are chasing a debt owed by your company and it's not personally guaranteed then you can't be touched.

However, I would question their motives if they already know this and are still chasing you. They must think they have some chance of recovering their money.

 

[marscarsmaggie]

The letters they keep sending us appear to be standard "you owe us this much pay now or else" and they just keep ignoring any letters that we send them.
The biggest thing that we are concerned about is if they issue a ccj against the old co. if this might affect our personal credit rating.

 

[Super Simon]

The letters they keep sending us appear to be standard "you owe us this much pay now or else" and they just keep ignoring any letters that we send them.
The biggest thing that we are concerned about is if they issue a ccj against the old co. if this might affect our personal credit rating.

How much do you owe? And why did your last business go bust? How similar is your new company to the old one?

 

[marscarsmaggie]

The amount outstanding with the company in question is only about £200, but the total debt is quite large; we had problems with vat, cashflow, paye and n.i.
The new co. is very similar to the old co, but it is run entirely differently as we have learnt a great deal from our experiences so far.

 

[maxine]

In terms of it influencing your credit rating as a future business and personal standing most companies who give credit and do credit searches would do a directors search and see whether the directors had previously been appointed to companies that have ceased trading. All of this should be taken into account when future credit facilities are considered.

Having said that, some companies are more vigorous with their credit checking and credit policies than others.

 

[TSUK]

Our old company has been issued with a letter for the above giving us until 14th May to pay-up.
Our old ltd. co. has ceased trading due to insolvency, has no assets and is in the process of being struck-off and dissolved; there are also no directors as they have terminated their appointment - the company know all this and are still chasing.
Do we just send them back a letter confirming the above and ignore the court threat? as we as we understand the debt is with the company and not us personally so if they decide to issue a ccj it will lie with the old ltd. co. anyway - would this have any effect on our personal standing and credit rating?

Have all the directors resigned or is there just one remaining?

 

[marscarsmaggie]

Thanks for your advice Maxine.
We are not going to go into full detail, but yes, our old co. did have some serious problems that we are trying to work-through the best we can.
We are trying to get some useful practical advice from some of the good folk on here so that our new co. runs the best we can, it is already much better run than the old co.

 

[internetspaceships]

Does this look like a phoenix job?