I am a licensed Insolvency Practitioner with over 16 years experience at www.nevilleco.co.uk and can be contacted on 01752 786800 or [email protected] for further advice. I have produced various advisory videos which can be viewed here:
It will cost the Director at least £3-£5k to Liquidate the Company.
They should compare this with any reliefs they might be able to claim on the write off.
Any debt will die with the Company on dissolution. The client should send the DS01 form the the chargeholder just to cover themselves, or alternatively wait for C House to strike off for non filing in due course.
Yes I can help your clients - feel free to give me a call. 01752 786800 or drop me a line [email protected]
HMRC will almost always object to the dissolution if the final returns have not been filed etc.
Your friend's limited options seem to be:
1. Get a CCJ and enforce
2. Pay to Liquidate the Company if the CCJ remains unpaid and let a Liquidator investigate and potentially bring about claims
3. Get money back from the Bank if s75 of Consumer Credits Act applies.
Unfortunately there is nothing to stop the Directors from Liquidating the Company to avoid the debt, unless your friend can show the debt is owed personally - perhaps for fraud.
Your friend can complain here if the Directors have a history of doing this but it's unlikely to come to anything for such a nominal debt:
I see this quite often with insurance claims.
I can't see why you would bother with the DS01 - why not just let C House carry out their threat of striking it off?
FYI you might find this useful to remove your office as registered:
MVL fees are likely to be quite low for that level, maybe £1.5k so might be outweighed by savings with the entrepreneurs relief.
I don't know of any in that area but do they have to be locally based?
Nowadays comms can be via phone/email/Skype etc and no physical meetings are required since the rule changes.
Happy to chat to client for free with initial advice/second opinion etc.
She needs to retain a bit of control so should stay as a Director and get legal advice asap.
Did you perhaps mean to state 'dissolution' instead of 'Liquidation' as 'you have stated you can't Liquidate'...?