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Legal matters

Legal proceedings against dissolved company?

4 replies

Triskaidekaphilia · 17/02/2018 12:58

I recently struck my old limited company off the register and soon after got a debt notice from a company called akinika.
This was news to me because checking my webfiling, all accounts are filed, but I'm guessing I filed the last lot late. I understand that fines are not company debts and that as the director I am liable to pay.

I've been trying to contact them regarding payment. Whenever I ring them it rings a few times then disconnects. I've requested a callback on their site but wasn't ever called back. I need to either pay the whole thing by credit card or set up a payment plan for a few months.

They've sent another letter saying if I don't make payment by the 18th, legal proceedings will be taken against the company, which is now dissolved. Will they take legal proceedings against me personally? I will make a payment online as soon as I get paid later this week and can do this for another few months using the money I usually use to pay my credit card off/save, but I can't pay the whole thing in one month and I can't get in contact with them to explain!

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user1487194234 · 17/02/2018 19:53

What is the debt
If it is a company debt then you shouldn't have personal liability
That's the whole point of limited liability

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AlexanderHamilton · 17/02/2018 19:57

Who are they & what is the debt?

The company should not have been dissolved before all outstanding invoices/debts were paid but if they were very late sending their invoice it’s understandable if it was overlooked.

What does your accountant say? Was there a surplus in the company when they compiled the final accounts?

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AlexanderHamilton · 17/02/2018 20:00

Ok, I think I understand a little more after a quick google.

Akinika are one of the debt collection agencies that HMRC use to collect unpaid taxes. So I’m guessing you either got a late filing penalty or you havnt settled your company tax bill properly.

I’m not sure of the legalities so you need to take proper advice.

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Triskaidekaphilia · 17/02/2018 20:21

Thank you for your replies.

Yes, as I said it was a late filing penalty so I know and accept I am personally liable and I will pay off as much as I can whenever I can. I wanted to set up a payment plan with them that would have it paid off in 3-4 months.

The company was never trading so my accounts were always filed as dormant, hence I don't have an accountant. I'm kicking myself for ever having set it up.

I've filled out something on their website which calculates how much you can afford to pay back to help set up a repayment plan, so hopefully they will contact me, but I'm not expecting it as they have ignored my requests for callback. I'll try to keep calling them next week and hope I get through at some point.

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