High Court of Justice - company liquidation

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Joined: 11 Dec 2017 13:09

#1 High Court of Justice - company liquidation

Post by Moksy » 11 Dec 2017 14:09

I've received a letter from an Examiner at The Insolvency Service relating to a company I used to be a director of. It asked me to come for a meeting (quite short notice), fill out Form PIQB & bring any supporting documents.

Because this was sent to the wrong address and the only reason I received it is due to mail forwarding, my husband said I should ignore it & there's nothing they can do since it's the wrong address & they can't prove I received it.

I then received another letter from The Receiver/official liquidator stating that:
'I have decided not to exercise my power under section 136(4) of the Insolvency Act 1086 to seek nominations from the company's creditors and contributories to be replaced by an insolvency practitioner. I shall therefore remain as the liquidator'.
Among other things it seemed to indicate that no further action was likely. Again, this was sent to an old address.

Most recently I've received another a letter from the Examiner re-requesting a meeting & saying that an open court hearing could be held if I don't cooperate and also a warrant for my arrest could be made. Again, this was to the wrong address.

As a bit of background - this relates to a company that managed a pub. I sold/gave the company to someone else as a going concern and making it clear what the debts it had were. That person is still registered as the Director, I am not. I did however still have some personal liabilities linked to the company, so when it became clear that the new Director was running it into the ground & acting illegally and outside of our contract with him (that he would take on these liabilities & pay them), I ended up having to step in to get him to leave the pub (I was personal guarantor on that) & basically try to cease trading. I had a contract with him allowing me to act as Shadow Director with a view to taking over as Director, however it was subject to him meeting X/Y/Z clauses within a certain time frame. In the mean time it still allowed me to act on his behalf. He didn't meet those clauses so ultimately the contract was void, I didn't become Director and I'm not sure if technically I was ever Shadow Director either.

That's the legal stuff. The long & short of it was I acted in the best interests of the company at all times (which also aligned with my own interests). So, I don't think I'm too worried about showing that to anyone, but I am worried about being held accountable for debts. 1 debt I was personal guarantor for was for a company that has apparently issued a ccj against me, but they made no attempt to contact me. They have both my phone number & email & had previously communicated through these means (I only know because I checked online either a credit ref agency) The other debt of £5k is to a bank and I bank with them personally - they also haven't chased me & I think written it off. The remaining debts are those wracked up by the new Director.

Given I'm not hiding, I'm on the electoral role, the DVLA have my correct address etc., can I continue to ignore this? I don't have the money to pay the debts I do owe but I might have it at the end of June. If I can ignore it long enough I'm hoping I can get any ccj struck off since they didn't make any reasonable attempt to contact me & when they do I hope to be able to pay them.

But equally I don't want to risk arrest! I'm in & out of the country over the next few weeks & I'm worried I could be stopped at the airport! Can they do this without sending a letter by recorded delivery & proving I've received anything?

Also, why are they coming after me so aggressively when I'm not the Director and wasn't for about 6 months prior to when the company stopped trading?

Sorry if this is in the wrong thread. Wasn't sure if this applied to this thread or chat room!


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