Letter from the Official Receiver

Letter from the Official Receiver

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Director of one man company has been made personally bankrupt.

The OR has written asking us for the last three years' accounts that we have prepared for "the insolvent". We haven't prepared any accounts for him, just the company.

Does the OR mean the accounts for the company in which case whay doesn't he say what he means?

Companies Ho records show the status of the company as "Active - Proposal to Strike off". We have not acted for the company for some months due to lack of funds.

Can anybody advise as to our responsibilities here please?
 

Replies (5)

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Red Leader
By Red Leader
20th May 2013 14:05

not sure

You could try smoking out the OR by replying along the lines of "please confirm who will be meeting our fees in this matter". You may find that the request disappears.

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By sarahf
20th May 2013 14:20

It's good to talk

By "the insolvent" the OR means the individual, not the company.  It is likely that they have been given your details as someone who has dealt with the Director and it seems as though you have just been sent a standard information request letter.

I would give them a call - they usually put a contact name and a direct number on such correspondence - and explain the situation (basically, what you've detailed above).  It's the quickest way to establish if you have any information that they actually need.

They may ask you to confirm this all in writing; even if they don't I would do it anyway, to show that you have responded to their letter.

One thing I would say is that an individual who is Bankrupt cannot be a director of a company; this may be a moot point given that the company is likely to be struck off within the next three months.  I would mention this to the person you speak to at the OR's office but I don't believe that they'll ask you to do anything about it.

Hope this helps.

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By pembo
20th May 2013 15:29

Tell it as it is

Tell them that you no longer act. Presumably the bankrupt sole director signed your LOE that is now prima facie null and void. Agree that the "insolvent" is the director not the company.Typical sloppy use of language that deserves to be ignored.

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By thomas34
20th May 2013 18:21

It Depends

upon whether you are a member of an RPB or not.  Paragraph.  I believe the Institute have a "rule" that states that co-operation should be given in these cases and by definition involves unpaid work. I suspect that the OR will have little understanding of the different legal status of the director and his company but the company accounts may well give details of loan balances which will be either an asset or liability as far as the director is concerned.  Paragraph.  I always make one telephone call to the OR explaining that I no longer act for the taxpayer and that I don't propose to throw good money after bad so I shan't be able to assist (the bankrupt usually owes me money).  Paragraph.  That said, I know that I'll have no comeback because I'm no longer a member of an RPB (yet another advantage).

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By MrPT
21st May 2013 07:58

You could supply any certificates issue when dividends was drawn. Or if you managed their PAYE affairs any payslips or year end certificates.

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