just when things are going well......

sammiboo

Someone kicks you back down again :rolleyes:

I cannot remember the last time i lost sleep over worrying about money - well not since I finally got my finances in order.

Well its not really my worry directly, its my OH.

The house where we live is looked after a management company for the building insurance and upkeep of the building itself.

This company is run by directors (people who usually own one of the houses). My OH was a director and the secretary. Which he did for nothing.

Last year some mishap happened with the building insurance and some paperwork was late. He did this in what little spare time he had along with some others.

Anyway we got a letter last night from the management company of our house saying that we should pay the penalty charges due which sum up to £1500.

Surely if a company make mistakes then the responsibility should lie with all the directors, not just one person? Others have been paid for their role. My OH wasnt. he did it cos he wanted to help.

They have also said they will prevent us selling the house (which we should be getting a moving date any time now) until we have paid them.

We are really at a loss what to do. We couldnt sleep all night, with us moving we havent got any spare money and I dont think he should pay it anyway as there are others running this company so I think if things dont go right then all should be responsible.

We are realy at a loss with all this

floss2

What does his agreement to hold the post of Director and Secretary state? Is he the "Company Secretary"? If so, you need to check out the liability of a COmpany Sec on the Companies House website - have a look at this link
http://www.companieshouse.gov.uk/about/gbhtml/gba1.shtml

Fingers crossed it all works out

rog2

I hope it all works out for you - I don't like the look of the 'Responsibilities of a Company Secretary' (I was one once) as outlined by Companies House, but I can not see that the other directors would have the right to block the sale of your house.
It seems that it all depends on the terms of the contract that he would have signed when taking up the appointment.

sammiboo

thanks

we had a look at that site early hours of this morning.

from what i gather from reading the website it all falls to whatever responsilbilty it says in his contract. They never drew up a contract so nothing is set in stone in what his responsibilties were if that makes sense?

rayday2

You may be worthwhile getting a free half hour with a solicitor just in case or maybe the CAB. No contract seems a good sign though.

Broken_hearted

Hugs. No idea what to say, sometimes it feels like someone up there is laughing

Seaxwyn

Hi sammiboo

I'm a company director too and when problems have occurred have found Companies House really helpful - both their website and people on the phone.

Good luck with getting it sorted

rog2

sammiboo wrote: »

from what i gather from reading the website it all falls to whatever responsilbilty it says in his contract. They never drew up a contract so nothing is set in stone in what his responsibilties were if that makes sense?

In my opinion - if there was no contract, then the other directors haven't got a leg to stand on. Go to CAB - they usually have lists of local solicitors who give a free initial consultation.

sammiboo

Thanks guys.

My OH is currently waiting for the solicitor to get back to him to get some advice. I think he is more gutted as he said last night he volunteered to do it cos no one else could be bothered and he has bascially been stabbed in the back when some of the directors were supposed to be his friends.

Its a kick in the teeth when you do something to help and it get thrown back at you.

It has also come to light that the other directors havent mentioned that my OH is no longer a director, just no longer the secretary. So officially he is still a director i suppose?

Its all a bit of a mess and I dont fully understand it all myself, as my OH was mentioning how things would affect him as a shareholder which is £1 or something so he could just payback his share of a £1 ????

I just want to add that him not being a secretary anymore wasnt fgrom him doing anything dodgey. it was just that he didnt jump to what the other directors wanted when they wanted. (As he is very committed to his full time job. )Well one of them anyway, the others just let her do everything and they sit back for a quiet life. I just wanted to clear that up before anyone thought anything else

duchy

I think you really need legal advice on this one. Especially if you are planning to sell soon.
The Directors and the management company really stitched up one of their fellow directors in a flat I used to live in. It's one of these cases where you need to be VERY sure of your legal facts but also a situation where a solicitor's letter and the assurance you won't just roll over and pay up may be enough to make them decide it'd cost more to go after your OH than pay up themselves if it's on dodgy ground.
Good luck !

mr_tickle_2

Hello all,
I'm the OH in question . Thanks for your input so far.
As stated, my current property has a management company. In (April?) 2005 I became a director (one of four) of the company, the Company Secretary, and took on administrative duties, as no-one else wanted to do it.
In April 2007 I was asked (by letter) to return materials relating to the management company to another director, which I did. At this point I ceased acting in any capacity for the company (though I obviously remained a shreholder). All property maintenance charges were fully paid up at this point.
In August 2007, while in the process of selling my property, I received a letter from the management company asking for repayment of costs incurred while I was Company Secretary. These costs included fines incurred as a result of late Accounts filing and Corporation Tax returns - which according to Companies House is the responsability of ALL the directors.
The final line of the letter stated that the Company would not allow me to sell my property until the matter is settled.
At no point was any contract of employment involved.

I don't think the management company can stop me selling the property, as my responsability as a shareholder has been fulfilled.

I fell like saying that as a gesture of goodwill I will refund my remuneration!

I don't get angry easily, but this has p**ssed me off! :mad:

As mentioned, I'm currently waiting on a call from the solicitor who is doing the conveyancing - will see what he has to say.