Persuing A Director For A Debt

[akajonnyg]

Hi All. I am currently taking a company to court for non payment of a debt. (They say they have paid. i say they havent). I have been told by the companies solicitor that the company is now stopping trading and they have made a 'Goodwill' gesture for half the debt (total debt £500, offer is £250). The company is still showing as trading as per companies house but i do have a letter from thier accountants stating that they have ceased trading. The case is in court in 10 days time. Should I accept the offer or continue to court? If I went to court and won (which I expect to) could I persue the debt with the director, if the Ltd co has in fact ceased trading? Thanks for your advice in advance

[maclarencat]

If the debt is in the name of the company I do not think you can pursue a director . If it has ceased trading then there are no directors. If the debt is in the name of a director you can pursue it. I believe this is the case but I am not an expert

[albaqwerty]

I'm not a legal beagle, but if it's a limited company, then you cannot chase directors. Hence, the limited, liability is limited.

Personally, I'd take the £250 but only in cash.

[Peter Pedant]

Bird in the hand
take the cash - or cheque and run down to the bank to apy it in

You have a high chance of getting nothing

I sent in the bailiffs to 'X' and he showed them his cert of bankruptcy (new) and they came away again and I realised I had totally wasted my money.

[muchlovex]

The debt is with the company and not with The Director, so i would accept the offer. TBH, it would be sensible to get legal advice rather than AB.

[Peter Pedant]

one has to pay much love x
so no wonder they start here....

the quality of legal advice thx to Barmaid Freddie Tony, is good

[zebo]

In my limited experience of Small Claims Courts, getting a judgement in your favour and getting paid out are poles apart! Take the offer, in cash.

[Stuart-Elmes]

If you're not sure if they're still trading, try this online tool, which looks at Companies House but also gets more up to date information from corporate insolvency notices

http://www.mycreditcontrollers.co.uk/company-check.html