Best way to find out is to either speak to FOS or submit claim for misselling to Barclays. Haven't really got anything to lose as you are named as the insured party on the policy and not the company. If it was the company I would say any refund would be due to the liquidator.

I find it hard to believe that your boss will get away with what he is planning.

The should have sent a letter before action prior to issuing court papers which would have given you chance to ask for further information regarding the debt. The fact that they haven't will have little impact on the outcome though i'm afraid

What I was told is if you get a PPI refund it is due to the trustee not you. I would not have thought you would qualify for the 3 year ruling as that relates to the propery itself and not a loan associated with it

I have bad news for you. You may never see the money. Here is an answer I got on the forum when I asked if an IP had a claim on PPI post discharge

The trouble on the Brandon one is that section E is headed and in bold 'Guarantee' so it is difficult to argue that you weren't given fair notice on this. Have a look at this case http://www.scotcourts.gov.uk/opinions/2010CSIH76.html involving Brandon and you will see the difficulties you are faced with in defending this. With regards to TP you could try the following; 1) Misrepresentation - the document is headed 'Credit Account Application Form' and for it to be a PG is misrepresentation by creditor 2) id not sign the Applciation Form in a personal capacity but as a Director of XXX Limited. It is further submitted that if this Application Form is found to be a guarantee it has an unreasonable indemnity clause within the meaning of the Unfair Contract Terms Act 1977 (”the 1977 Act”). The form that is the subject of this guarantee was between the Claimant and XXX Ltd. My involvement as a guarantor was purely a personal matter between myself and XXX Ltd 3) My trade or profession is not that of guarantor and I did not provide this guarantee in return for a fee or commission. It is therefore submitted that I was ”dealing as a consumer” within the meaning of section 12 of the 1977 Act (R & B Customs Brokers Company Ltd v United Dominions Trust Ltd [1987] EWCA Civ 3). 4) As a result of the above case, the guarantee must be reasonable and it is submitted that the guarantee does not meet the reasonableness test of section 11 of the UCTA1977 Act and it is noted that by subsection (5) that it is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does. 5) It is my belief that the guarantee does not meet the reasonableness test for the following reasons. 6) I had no intention of entering into a personal guarantee 7) What is purporting to be a personal liability is incorporated in the body of a document which is clearly designed to impose liability on XXX Limited and not myself personally. 8) It has been shown above that I am a consumer in this case. Under the Unfair Terms (Consumer Contract) Regulations 1999 (regulation 8) an unfair term is not binding on the consumer and therefore I cannot be held liable for the XXX Ltd debt. 9) Under regulation 5(1) of the UTCCR a contractual term that is not individually negotiated will be regarded as unfair if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer. The Application Form was clearly pre-printed and was a standard form of the Claimant and therefore cannot have been individually negotiated. By trying to pass the liability of a third party to myself, without my knowledge, there has clearly been a imbalance in the parties rights and is to the detriment of myself financially. This does not contain all or the crucial arguments I was able to use as the forms you have signed are more stringent and clearly defined with regards to bring the PG to the attention of the person signing.

Was the Brandon Hire one signed at around the same time?

Ok this significantly weakens the arguements that I used which was based on not being given fair notice of the terms of the guarantee as there was no heading on my form that specifically said guarantee. If you had accounts with Brandon Hire and Buildbase I would check those as well as they also tend to include PG's. I will have a look at my defence again and see if there are any points that can be manipulated to help your case

Ok is the document headed 'Trade Account Application Form'? On the section where the PG was signed was it headed 'Agreement' or 'Guarantee'? I've just had a look at their form and I am guessing you have signed the one headed 'Credit Account Application Form' and the subsection of the guarantee headed 'Credit Guarantee'?

I have had two of these and both have withdrawn their claim prior to it getting to trial. Can you let me know who the supplier is and when the application form containing the guarantee was signed. If it is a few years old you have more of a chance as they have recently changed the style of the credit account application forms to make them more watertight if they need to enforce them.

This the address for HMRC Vat - HMRC (Vat) Debt Management, 1st Floor, Queens Dock, Liverpool, L74 4AG For the Corp Tax you should send letter to your local office that you will have been notified of. Keep us posted

If a creditor's debt is secured they cannot isue a BR Order hence the reason tey want to relinquish their security. The security must be released prior to the petition being presented

As you stated the debts become part of the deceased estate and these should be settled prior to disbursement to any beneficiaries. How to mitigate? - claim back any unlawful charges, PPI or challenge enforceability

Hi - Can you give us a bit more info on your situation and at what stage you are at. Have Liquidators or the OR been appointed?

Correct. As the OP has an undischarged CCJ he can go straight for the Petition Also OR's deposit and Court fees are £1385 alone and if you use a solicitor (strongly recommended) you can add £500-£1K on top of that.

Serve a Stat Demand and then you need to serve a winding up petition through the Courts if they don't pay or have the SD set aside. It is not cheap (and takes time) and I would suggest you get a solicitor to do it because if you get it wrong you could be in for a lot of costs for the other side. http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1084613086

Ok keep us posted

I would first send the letter stating ceased trading, insolvent etc as mentioned earlier and invite them to wind company up and then in Oct send a copy of the DS01 to them. Pointless really sending a post dated one. Was 14 July the actual date you ceased carrying out any contract work or when you last invoiced? Ceased trading is when you actually last did some contract work

Ok great. No they wont inform you but you can check for fre on the webcheck service on the CH website. You need to click on the 'orderinformation on this company' section once you have found the company. Thsi will tell you of any changes. Keep us posted

Yes I think a 14 day lba is the way to go on this. Smoothound - was this cheque issued recently?

Ok the dividens should be converted/restated to salary whcih will wipe out the DLA and mean that you do not owe the company money. This will increase the COMPANIES liability to HMRC not yours. Get you accountant to do this if need be it is a very simple procedure. So if the company is wound up and it goes to the OR there will be nothing for him to chase you personally for. You can never give 100% guarantees on anything when dealing with HMRC but it will mean your mother will not have to attend an interview if the company goes into liquidation. All she would have to fill in is a Directors Questionnaire but as said previoulsy you are a long way from that anyway at the moment. No to fulfl your legal obligations you need to still write to creditors and include a copy of the DS01 It's good news about no salary being taken because now if the strike off goes through your in the clear and also if HMRC wind the company up you owe the OR nothing personally so it's a win win situation whichever way it goes. Just get your mother off the company as a Director asap. Even IF the OR did investigate your actions (which I do not beleive they would for one moment) all you would get is a Diretcors ban for 2 years and you can still operate as a sole trader in that time anyway. But as said cannot see that happening over these small amounts

Parky DLA is Directors Loan Account. Yes it is correct that they can only issue winding up proceedings for a debt over £750. You must remember to seperate your debts from the companys - you do not owe HMRC anything the company does. If HMRC do issue winding up proceedings and it goes to the OR then if your relative is still the Director he will have to attend interview. It does not matter that you previoulsy closed down a company these things happen. Personally I would resign your relative and appoint yourself to avoid your relative having to attend an interview with the OR IF things get that far. At this point in time the only things you need to concern yourself with is getting your relative off the company and getting the DS01 filed when you can. The company has no cash or assets so cannot pay its liabilities - you do not have to pay these personally. Any creditor who contacts you should be told this and invite them to wind the company up. If the strike off goes through you are in the clear. If HMRC object and they wind it up all you then need be concerned about is the o/d DLA. How much is that for? Even then you can do a deal with the OR. Yes you can even at that late stage. I have literally just got off the phone to HMRC for a client who owes them a six figure sum and they have agreed to be repaid over 2 years and HMRC have a county court judgment against them so it can be done. However, the strike off is your best (and cheapest) route. I tend to also agree with BD that I do not think HMRC will go for a winder for such a relatively small sum. Action Plan - Protect your relative and yourself (as much as you can at this stage) from allegations of being a shadow director and resign them and appoint yourself. Apply for strike off and send copies to creditors (when you can). Tell any creditors who contact you that company has ceased to trade and has no assets. Do not file any other forms apart from DS01 at CH. Don't bother sending VAT return in. Do not pay the accountant anything further.

Is anyone else having problems getting the banks to pay once they have agreed that your PPI complaint has been upheld? MBNA agreed to my refund towards end of June and said cheque would be sent out within 28 days. Despite having phoned 3 times and written twice chasing payment all I am being told is that the cheque has been approved but has yet to be sent out and that they will escalate it to the relevant department for it to be sent please accept our apologies but we have a lot of cheques to send. It seems to me that this is just a ruse to hold onto the money longer and not having to pay so much interest because by then I will have lost 2 months plus interest from when the amount was agreed to actually receiving the money (if I ever do!). Anyone any suggestions on how to get them to pay?

Great news!

Parky Your situation is a common one and please do not try to worry too much about it - it's not a hanging offence and your situation is the same as 1000's up and down the country. I would submit the DS01 asap and see what happens. The company cannot pay the CT debt and it is the company debt not yours. The problem is the o/d DLA. If HMRC don't object to the strike off you are in the clear as the debt dies with the company. However, the problem is if they do and they issue a winding up petition and the OR deals with the investigation. They will want the o/d DLA paid back but even then you can do a deal with them to pay over time. The other problem is that it is your relative that will have to attend the interview with the OR. If you are a discharged BR can you now not appoint yourself as a Director and resign your relative? They will still have to complete a Directors questionnaire from the OR but will not have to attend the interview. You were given bad advice by your accountant as acting as a shadow director whilst BR is a serious offence and if it is proven that this is what was happening you could be held persoanlly liable for the companies debts - but you are a long way off from that yet. I would not submit the VAT return as I guess you are getting the accountant to do it and he will want paying for it and you are therefore incurring further debt for the company. Get the DS01 in to CH quickly and get the ball rolling and see what happens with HMRC. Make sure a copy of the DS01 goes to all creditors with a covering letter saying that the company is insolvent and ask them to issue winding up proceedings. The chances are they will not because of the small sums involved but at least you have given them the chance to and if HMRC do object to the strike off you can send a copy of the covering letter to CH showing that you notified them of your intention to apply for a strike off. If you need any more advcie just shout