I have personal CCJ on my credit file from my limited comapny

PJ220874

Hope you can help.

I have just checked my credit file and there are 3 CCJ's on there for unpaid services supplied to my (now dissolved) limited company for which I was a director. I thought being Limited made it so that I was not liable.

I little (shameful) background information. I was sent to prison , for the first (and only time) in August 2015, for an unrelated 'white collar crime' ( not a term I like to use) for 10 months and it was during this time that, as I was unable to run the company, the debts occurred (one for £4500 and 2 for around £400), and the company was then dissolved in April 2016. I am not sure if this has any bearing but thought best mention just in case.

Any help moving forward would be greatly appreciated as this is what myself, my wife are trying to do for our family).

Thank you

Arleen

If voluntary actions of the director caused company's insolvency then yes, director of said company can be held liable for the debts incurred.

So what sort of lovely "white collar crime" was it that got you tossed into the stockade? And how were company finances when it took place, did it have enough in accounts to cover its liabilities, be it the tax or private deals?

PJ220874

Thanks for the response, the company was looking fine going forwards and had been trading for 17 years, it was through my absence that it couldn't continue. Most suppliers were paid.

Long story short, I was charged with theft, this was nothing to do with my company though although being sent to prison made it so the company couldn't continue.

Arleen

That doesn't answer my second question - did it have enough money to cover its liabilities, or did you rely on future income to cover them? Did it have any assets of value?

PJ220874

So sorry.
We would have needed income from the continued running of the business to cover all of the liabilities, We turned over around £3000 - £5000 a week at that time of year, so covering the £5320 wouldn't have been an issue, and we weren't in arrears at the time (as it was on 30 days terms). we had around £180 of assets based on the previous submitted accounts and these would have been depreciated further.

I hope this helps and thank you for your time .

sourcrates

Whatever the background, your stuck with the CCJ`s now for 6 years, unless you believe you have sufficient reason to convince a court that been in prison meant you were unable to challenge the judgments made at the time, and you apply for setaside.

I have a feeling that when you reside at her majesty's pleasure these rights may not be available to you.

You should maybe ask this question on the Legal beagles website.

PJ220874

Soucrates, thank you for the reply. I understand what you mean and this is my concern also, that once I have a criminal record I may by treated differently when it comes to these matters. Hope you dont mind me asking but what is a setaside. I will check the legal beagles website as well.

Many thanks

Arleen

Okay, so I will also take that you didn't set aside money for tax how you are supposed to do - a dangerous thing when it finally bites you in the !!!.
From what you've said, it sounds like you were trading while insolvent, as company liabilities severely outgrew company assets. When that happens knowingly and intentionally (so not because someone didn't pay you on time, but because you knew that you didn't have the money to pay it) directors are likely to be personally liable for the debts incurred. If you want to read up more, that is well covered in Insolvency Act 1986.

So couple follow up questions, how was the company dissolved? What did the liquidator say when all done and dusted, did he find any wrongdoing?

PJ220874

Hi Arleen, the company ran mostly at break even so tax when due was always paid on time over the previous 17 years. We never traded whilst insolvent and liabilities never 'severely' outgrew liabilities as at the time we had cash in the bank from sales, which would have covered all costs 10 fold if we were able to continue, we obviously refunded our customers as soon as it happened.

No there was no wrong doing found at all, it was all extremely straight forward. No black marks or director bans as it was not associated with my crime whatsoever.

PJ220874

Sorry Arleen I didn't answer your other question. The company was dissolved voluntary and letters sent out to those that were affected.

Arleen

Mkay, if there was no fault then the only way for the CCJ to be valid is if you've given out a person guarantee on those purchases. Check your contracts, and if it's not there contact the suppliers and inform them that you will be applying for a set-aside and ask do they plan to contest it, and on what grounds.
You can find all the details of applying for set aside here: https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

As for your worries, civil courts generally do not care about your criminal record as long as it's not a crime of dishonesty like fraud etc. And even then that means that you may be put under more scrutiny in court, not that you will be treated "bad" or "unfair".