Barclaycard harassment

MrsMunchkin

Our company was liquidated in December and we had a compant credit card in my husbands name (not the company name) but registered to the company address. The liquidators did not include this credit card when they were liquidating and Barclaycard have now got our home address. I would like to know if we are liable for this debt even though it was at the company address and we thought the liquidators would deal with it.

Thanks

InsideInsurance

Need to have more information about how it is a company card if it is in your husbands name but on the surface of it, if he is the account holder then he is liable for the debt.

The company would owe him the money if the transactions were all business related and he in turn owes the money to the card company. The credit card therefore wouldnt have been dealt with by the liquidator but he should have been a listed as a creditor to the company - if he was then this money should have been added to the amount owed

thenudeone

A company has a completely different legal entity from any person, even if one person is the sole shareholder, director, and employee.

The paperwork should be pretty clear about who the parties to the agreement were.

If the card was taken out personally (regardless of the address) then your husband is liable.

If he has no paperwork, he can check his personal CRA files with the 3 main agencies (it can usually be done instantly online for £2 each) and see if the account is listed. If so - it's definitely a personal account and he's liable.

izools

thenudeone wrote: »

A company has a completely different legal entity from any person, even if one person is the sole shareholder, director, and employee.

The paperwork should be pretty clear about who the parties to the agreement were.

If the card was taken out personally (regardless of the address) then your husband is liable.

If he has no paperwork, he can check his personal CRA files with the 3 main agencies (it can usually be done instantly online for £2 each) and see if the account is listed. If so - it's definitely a personal account and he's liable.

You say that but my OH used to be the sole proprietor of a limited company before we met, which fell into liquidation, and one of his creditors recorded a CCJ in his personal name which we only found out about when it appeared on his personal credit file.

We had to perform a S7 DPA request on the creditor to find out that the account was held in the name of the limited company all along and the judge quickly set aside the order with an apology from the creditor.

Hanky_Panky

This is a tricky one and will entirely depend on the wording of the Barclaycard agreement.

What many people don't realise when 'granted' a 'company' card is that the liability often rests with the individual not the company - I've seen quite a few caught out like this in the past. In this case it looks even more cut and dry as the card is in the OP's husband's name.

Most likely will have to make an arrangement to clear it but check the agreement thoroughly.

chanz4

Hanky_Panky wrote: »

This is a tricky one and will entirely depend on the wording of the Barclaycard agreement.

What many people don't realise when 'granted' a 'company' card is that the liability often rests with the individual not the company - I've seen quite a few caught out like this in the past. In this case it looks even more cut and dry as the card is in the OP's husband's name.

Most likely will have to make an arrangement to clear it but check the agreement thoroughly.

Depends if its the card or actual account, if the first then no but if the second then yes

Hanky_Panky

chanz4 wrote: »

Depends if its the card or actual account, if the first then no but if the second then yes

I'm afraid I don't know what you mean.

chanz4

Accounts in his name then he is liable.
If cards in his name but account in ltd name, he isnt

arcon5

In my experience the bank will ask the director to sign a personal guarantee in most cases.

Is this applicable to your partners situation or not op?

tomsco

http://en.wikipedia.org/wiki/Salomon_v._A._Salomon_%26_Co._Ltd.

RobertoMoir

tomsco wrote: »

http://en.wikipedia.org/wiki/Salomon_v._A._Salomon_%26_Co._Ltd.

Your link's broken, I think. And I'm not sure it would help anyway. Personal shareholder liability for a corporate debt isn't likely to be the issue here.