I am being chased/hounded even by a debt recovery company over a debt over cheques issued while still trading in April 2013 but the company was dissolved in October 2013. As a former director they say I am personally responsible for the debt? For bouncing cheques? And that I issued cheques knowing they would not be honoured. They said I owed £11,000, then said I could settle for £5000 now. They say no accounts have been filed for 2 years? and that I traded illegally. What's my options as a former director? I signed no personal guarantees, am I responsible for this debt? My accountant assures me I'm not liable, but would like a second opinion.
If the cheques which bounced were company cheques as opposed to personal ones it is very unlikely that you are personally liable despite what the collection agency may say. Further if the company has been dissolved it will not be possible for it to be wound up (placed into liquidation) unless it is first restored to the register of companies.
It is possible that if the company were wound up and a liquidator appointed that action could be taken against you by the liquidator but unless a claim was brought based on fraud, which is very hard to prove, an individual creditor would not be able to take action. In view of the sum claimed and the costs of restoring and then winding up a company I think it is extremely unlikely that any action will be taken against you personally and suggest you make a complaint to the collection agency’s regulator on the basis they are making unwarranted demands with no legal basis which amount to harassment.
14th February 2019
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13th February 2019
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