www.company-debt.co.uk

[FiLongman]

If I am owed money by a company that is going into liquidation can I make a claim against the Directors own assets?

[Derek Cooper]

Generally speaking the answer is no. The directors of a limited company are protected from liability for any debts that it might have unless they have also given personal guarantees.

If you feel that the directors have acted in any way improperly, for example continuing to trade with you when they new there was no hope that you would get paid, then you may be able to raise a case against
them for wrongful trading.

If they are guilty, they could be made liable to pay the company's debts. You would need to raise this with the liquidator of the company.

[FiLongman]

Thank you for your response - I have only just read it having been away for the weekend.

I think they would have known things had been going wrong.

They appeared to be under Bank supervision over the last four months and only were allowed to pay cheques when the Bank approved.

I had one cheque stopped and one invoice not paid and this third month I have only been acting for them for the first six days.

I am a Consultant and work for them on a daily basis.

[James00]

They appeared to be under Bank supervision over the last four months and only were allowed to pay cheques when the Bank approved.