There is no company bank account he is using their personal bank account and transferring the money into his sisters and friends accounts, the debts are in the company name of which she is sole director, as he is controlling the money and basically the company he is not paying anything, she already has the bailiffs knocking on the door. She is already tying to liquidate the company, but the accountant is his friend and is not helping her and rarely takes her calls.
yes it is limited company i stated in first message.
Yes I needed to check. Have accounts been submitted? You know its illegal to run a Ltd company money through personal accounts?
Ok - you need to STOP using a personal account.
If he is not a Director he is NOT entitled to take money out.
You need to open a business account.
Company debts unless there is a personal guarantee would never be personally liable.
So they do not need to worry.
But you MUST get the accounts moved.
Once the accounts are moved he will have to access to the accounts and your friend can do with it as they want.
However in terms of the sums taken out of the personal account that does not belong, they need to add this uip
She then need to write and set out the losses and request full payment within 14 days or say they will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not pay then your friend can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
do you think she will get into a lot of trouble if she explains exactly what he has been doing