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| Re: Perferential Claim Insolvency |
| Author: | Tom Atkinson |
| Date: | Wednesday, 22nd Apr 2009 10:02 |
| Views: | 32 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=182663 |
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Hi Andy,
Thanks for the update. I think you might be dealing with a Ltd company entering into a "Voluntary Arrangement".
If I am correct, then the "nominee" can make several decisions about any claim you make but they must work within the law and preferential creditors must come first in the pecking order of debt settlement.
You should be contacted officially and invited to a creditors meeting. The company is not in Adminuistartion or being wound up at this time. Best to prepare a pack including your invoice and explaining why it is owed. Sending it in advance is good - to a company director for it to be added to information at the creditors' meeting. At the meeting you will hear what the directors are proposing re payment. All is not lost yet but you might have to wait for your money depending upon what the other credotors and the Nominee agree upon.
Hope that helps. Tom. |
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| Reply To This Thread |
| Re: Perferential Claim Insolvency |
| Author: | Andy |
| Date: | Wednesday, 22nd Apr 2009 10:51 |
| Views: | 35 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=182663 |
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Hi Tom
Thanks for the help on this.
The company dealing with the insolvency have already sent me the statement of claim form and i had thought in the first instance there would be no chance to get anything back, but on the statment of claim form it has asked if any part of my claim falls into the categories of section 386 of the insolvency act. I have looked into this act and it mentions employees and paye moneys are covered by the act and not sure if i can class my cliam as this or not. On the Statment of affairs it looks like there will be some funds available when all the companies assets are sold. |
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| Reply To This Thread |
| Re: Perferential Claim Insolvency |
| Author: | James |
| Date: | Wednesday, 22nd Apr 2009 11:23 |
| Views: | 32 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=182663 |
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Hi Andy,
Just in case your client thinks that they can sod off and open a new compnay tomorrow and start trading again send a letter to Companies House's "Dissolutions Department" and advise then that there is an ongoing internal issue and you appeal any instruction to remove the company for the register. You can keep this going for as long as you like by sending a letter every three months.
All the best... |
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| Reply To This Thread |
| Re: Perferential Claim Insolvency |
| Author: | Tom Atkinson |
| Date: | Wednesday, 22nd Apr 2009 17:14 |
| Views: | 33 (excluding Digests and RSS feeds) |
| Category: | Other | | URL: | http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=182663 |
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Hi Andy,
Unfortunately, I think that your temp costs will not apply even in a voluntary arrangement.
Let's hope they don't go into liquidation but good advice from James if they do - but of course little chance of any money, just satisfaction.
I know this metaphorical horse has bolted but for the future (even though it costs an arm and a leg now days) it might be worth considering credit insurance.
Sorry I can't bring you more cheer. Good luck. Tom.
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