Ask an International Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.
They can "try" but no, the debt is time-barred. As such they may continue to chase despite being unable to use the courts to enforce the unpaid NIC.
I attach a series of template letters which should be self-explanatory - a previous customer had a similar problem and HMRC wrote off a few thousand pounds following receipt of these letters so your best chance is to use these and if all else fails, escalate the complaint to the adjudicator.
I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.
Thanks, ***** ***** can only claim against a limited company and not the director. The only time a director can be held personally liable is in the context of misrepresentation or fraud. And if a limited company is now dissolved, it ceases to exist so cannot be sued .They would have to apply to companies house to reinstate the company in order to sue - but like I say, they are out of time in any event so they wouldn't go to the trouble of paying for a lengthy application process and to then start a claim which would be struck out (due to the time bar).
If it still trades, the claim is against the company only. Not the individuals. You would say to them that the limited company is a legal entity in its own right and any claim should be made against the company only (and assuming the claim is not time-barred). I would use the template letter (the first one) initially and highlight the above too. You do not need to give them a breakdown as simply put, the claim is not against you but the company
Hi, solicitor-client relationships are not allowed via this site I am afraid. It is for information purposes only and does not constitute "legal advice" as such.
You would need a law firm for that but I can recommend http://www.slatergordon.co.uk which has a team who can deal in this area.
If you have further questions though then it's no problem to post new questions on the site and either myself or colleagues will pick it up to help.