We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Quandaries on debt arising from company insolvency
capndebt
Posts: 1 Newbie
Hi All,
Newbie here and not sure if this is the right forum to be posting about my situation - so apologies if I've got it wrong.
I'm an (ex) director of a company that is currently going through a CVA. My co directors and I founded and ran the company for a long period of time through good times and bad. We signed directors guarantees against the company's overdraft facility back in the dim and distant past and more recently against other company credit facilities taken out to help ue make it through what we thought was another temporary setback (sadly it proved terminal).
We're now faced with a situation where the outstanding debt under the facilities have been referred to debt recovery services, everything seems fairly straightforward but I am getting a little concerned regarding the 'joint and several' nature of the liability, and the potenial scenarios that might play out with regard to debt repayment amongst the different players (or payers) - is it normal in these circumstances:
1) For each joint and several guarantor to negotiate their own settlement, or have some shared arrangement?
2) For the debt to be split evenly or on some other basis?
Also, what typically happens if one or more of the guarantors is unwilling to agree on their share or unable to meet the agreed payment schedules once they have been agreed given the several nature of the debt, is there any redress?
Thanks in advance , and once again apologies if I've inadvertently posted in the wrong forum....
Newbie here and not sure if this is the right forum to be posting about my situation - so apologies if I've got it wrong.
I'm an (ex) director of a company that is currently going through a CVA. My co directors and I founded and ran the company for a long period of time through good times and bad. We signed directors guarantees against the company's overdraft facility back in the dim and distant past and more recently against other company credit facilities taken out to help ue make it through what we thought was another temporary setback (sadly it proved terminal).
We're now faced with a situation where the outstanding debt under the facilities have been referred to debt recovery services, everything seems fairly straightforward but I am getting a little concerned regarding the 'joint and several' nature of the liability, and the potenial scenarios that might play out with regard to debt repayment amongst the different players (or payers) - is it normal in these circumstances:
1) For each joint and several guarantor to negotiate their own settlement, or have some shared arrangement?
2) For the debt to be split evenly or on some other basis?
Also, what typically happens if one or more of the guarantors is unwilling to agree on their share or unable to meet the agreed payment schedules once they have been agreed given the several nature of the debt, is there any redress?
Thanks in advance , and once again apologies if I've inadvertently posted in the wrong forum....
0
Comments
-
You should contact Business Debtline.
Debt advice | Free Debt Advice and Support | Business Debtline
You will find they are busy.If you go down to the woods today you better not go alone.1 -
Due to the complexities involved, we can really only advise on personal debt.
You will need specialist advice from Business debtline on the link above.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.6K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.5K Work, Benefits & Business
- 604.3K Mortgages, Homes & Bills
- 178.5K Life & Family
- 261.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards
