Very confused.

debtinfo

Do you really mean that he carried on a sole trader, or do you mean that he continued running the limited company by himself

sjr13

debtinfo wrote: »

Do you really mean that he carried on a sole trader, or do you mean that he continued running the limited company by himself

My boyfriend ran the Limited company as a sole director not as a sole trader, sorry for the confusion.

debtinfo

Thats alright,

Then it was right not to put the loan down on his bankruptcy forms, not for the reason his father gave about family but because the loan was to the limited company. so dont worry abut him getting in any trouble either

sjr13

josie836 wrote: »

If he did contact then or surely he would be in danger of getting himself and his son into trouble as he specifically told his son not to enter the loan into his bankcruptcy.
Maybe you and your mum could claim the amounts you paid into the company from him as that seems to be the logical progression from this kind of thinking.
Also as you all resigned from the company and left his son as sole trader surely that makes him responsible for all the finances. It should be his son who is paying back the money and as a sole trader all the loans should have been entered into his bankruptcy.

Yes, his words were "You do not list me in your bankruptcy" to his son "I'm family."

Me and my Mum know we won't get our money back, my lovely Mum has told me to consider it my inheritance that I got early, bless her. It would be fun to try and claim it from my boyfriends father, seeing as that is his way of thinking.:rotfl:

My boyfriends father thinks he isn't allowed to ask my boyfriend for money as he was made bankrupt, he knows that my boyfriend is protected by the court so he is pushing this all onto me.

I am starting to think that this has nothing to do with money, I have the feeling he just wants to "win" an argument.:mad:

Frank_Cannon

What does your boyfriend think of his father's attitude?
Don't let him scare you. He's just trying it on!

indebtinsussex

Nice father your boyfriend has, I would call his bluff and ask him to go to the or. there was no legal documents signed so you haven't signed anything to confirm that this debt is personally yours. I thinkhe is just trying it on to get his money back, what has your boyfriend said? x

wok_boy

The boyfriend's father won't get anywhere because the cheque was made out to the ltd company, so basically it is the ltd company's debt so as a totally seperate legal entity, you are not personally liable for the debt, the debt goes away when the ltd company ceases trading.

alastairq

definitely demand all monies so far paid to boyfriend's Dad in this respect be re-paid to you.

Did b/f's Dad actually place his demands in writing to you, before you started paying him?

If so, this might be useful evidence of a possible criminal action against him?

[Not that you would bring such an action...but he won't know that]

sjr13

Wow! So many great replies, thank you all!

Frank Cannon my boyfriend is disgusted by his Dad's attitude to all this, so much so he has changed his surname by deed poll! His Dad's last letter to us before this most recent one was that he was disowning my boyfriend as a son and that he never wanted to see either of us again or hear from us again.

indebtinsussex nothing was ever signed between us, it's really daft of us all really, I just knew in the back of my mind there could be a problem because he has done this to other members of the family, my boyfriend is livid.

alistairq he did list his demands of what he wanted me to pay before I managed to get the CAB to take a look, on this "letter" that he presented to me at my workplace, he even listed this loan as the "KSS loan" (KSS being the initials of our company name) and not the "Suddenly a personal loan to sjr13, now that I've changed my mind about who I lent the money to now it looks as though I won't be getting it back."

I guess legally that has stuffed him because he has rightly acknowledged it was a loan to the company and not to me? I wonder if I could claim the money back from him?

sjr13

We decided to speak to a solicitor today, my boyfriend spent a while talking to her on the phone and she confirmed what we have all been talking about which is great news (thanks guys:A).

She made us an appointment with her for Thursday and told us to drop off any letters my Father in Law has sent me, together with my replies and any other documentation we have and she would write a "back off" letter to him.

He should get it by the end of the week with any luck so I'd take cover now if I were you! Can't help sounding flippant but this is a great weight off my mind!