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JGM, Solicitor
Category: Law
Satisfied Customers: 12070
Experience:  30 years as a practising solicitor.
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A company owes my company 4000.00 with this debt being

Customer Question

A company owes my company 4000.00 with this debt being run up in December. Mid Jan they closed the company down and filed for insolvency owing over 500,000.00. There accounts were over due for filling as the date was 30th September 2015. We under stand we can claim against the director under the companies act 2006 as they were clearly trading while insolvent and the director had a duty to mitigate debaters losses . We are looking at filling a claim through the small claims court against the director ( there is only 1 ) Do you think this is possible ?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thanks for your question. Proceedings for wrongful trading can be raised by a liquidator and the court has the power to order a director or directors to contribute to the company's debts for distribution to creditors in the liquidation. The law doesn't allow a creditor to sue the directors for the monies owing to them individually so your proposed court action would not be competent, I'm afraid.
Customer: replied 2 years ago.
Expert:  JGM replied 2 years ago.
You're welcome. Don't forget to leave a positive rating so that I am credited for my time.
Expert:  JGM replied 2 years ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.