Lloyds Iqor advice needed

[Quell]

OK i've down loaded file from Companies House,what should I be looking for?

Regards

Q

[ims21]

Input or not, only the Articles will tell you how much you really let yourself in for. It's a lot of responsibility.

 

Exactly.

 

Quell, the Memorandum and Articles of Association can be described as the DNA or Foundations of the company and they detail how the company is run, what it does, how matters surrounding shares are dealt with and the responsibilities of the directors.

 

Think then of the company being a child and the drectors are its guardians/parents that make decisions on its behalf, sign documents and make contracts on its behalf.

 

Accordingly the directors take a big responsibility as they are responsible for the conduct of the company and should be conversant with the "building blocks" on which it is founded. This is true of large corporations as well as small private companies.

 

Unfortunately there are a lot of directors out there, like yourself, who perhaps take an office like this without fully understanding what they are potentially letting themselves in for.

 

It is many years since I practiced in accountancy but then, as now, a lot of people use a company purely for the limited liability aspect but do not realise that there is a lot going on in the background to afford them that protection.

 

I agree with vjohn and, as I said earlier, I think that some face to face professional advice might be useful due to the complex nature of your problem and the complex nature of company law.

 

I hope this explains why you may not get detailed advice on this subject here due to the complexities.

 

vjohn is better placed to give advice on this than I but I fear it may not be possible for members of CAG to give you definitive advice on this one.

 

vj....hope you didn't mind me making this observation

 

Best regards

 

ims

[vjohn82]

Not at all Ims; you make a valid point. I could spend a lot of time assisting with this case but I have 2 libel cases on right now (both against me) and that's difficult enough to handle.

 

I suspect that that Articles are a standard mock up anyway. It seems the OP had nothing to do with their construction so they were probably set up by a corporation that "specialises" in such matters.

 

A specialist lawyer is needed for this without a doubt.

[DonkeyB]

Your articles are likely to be standard and non-specific. Do you have a copy of the overdraft agreement, even an old one? Usually the terms last more than a year - but they are obliged to send out a new contract annually. I only ever signed the first contract for my company, but it remained valid.

 

The joint and several liability is annoying - technically your ex will probably still be liable for half the debt, but this clause means the bank can be lazy and just chase you. So the stamped resignation letter may be a red herring. Perhaps a subject access request to the bank will unearth all the correspondence? Also maybe a legal letter to your ex demanding the letter - it is a company document.

 

You say the company has been dissolved. How could it be? A liquidator would have looked at these issues.

 

Your other recourse may be to go after your co-director, but this is a difficult and costly route. Whatever, you will still owe at least 50%.

 

Ditto for the company credit cards - you must get hold of the T&Cs. These will probably be easier to deal with.

[Quell]

Hi thank you for your reply, I will send a SAR request to LLoyds and take it from there.

The Company was dissolved via voluntary striking off.

Regards

Q

[DonkeyB]

Well, if the company no longer exists, Lloyds may not play ball with an SAR.

 

Were these issues not looked at during the voluntary strike off process? Whoever did the work has messed up, IMO.

[ims21]

I'd agree with DonkeyB

 

Striking the company off or voluntary dissolution (whichever you like to call it) should only be done when all loose ends with regard to paperwork have been tidied up. It does seem odd to me that it was as easy as that given that the company had significant amounts owing to its bankers....did they not raise an eyebrow? Were they not informed?

 

I hate to think how this was all done.

 

ims

[Quell]

Hi thank you for replies!

The company accountant dealt with everything regarding the company, as I have tried to explain on more than one occassion I contacted the bankby phone to discuss the matter but it was about 4-5weeks after they received notification of the Company closing that finally someone spoke to me.

This is only my opinion but Lloyds should take some responsibilty in the handling of the account.

Q