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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5799
Experience:  English solicitor with over 12 years experience
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A conservative club went out of business towards the end of

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A conservative club went out of business towards the end of last year because it could not pay its debts. It owed the landlord of the premises in the order of £8000. On closure the keys of the premises were handed over to the landlord, who claimed he was the major creditor. Within the club were tangible assets with a book value of approx £103,065. Four months later the premises have been rented out again with most, if not all, these assets in use. I was owed £1100 when the club closed. Do I have a claim and if so against whom? The conservative club has not been legally wound up to date.
JA: Where is this? It matters because laws vary by location.
Customer: Torquay, England
JA: What steps have been taken so far?
Customer: I have written to landlord and asked them to settle club debt from clubs tangible assets.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello,

The landlord would not be legally liable for the Club's debts I am afraid. He may however, without legal liability, settle your debt if he had recovered his debt from the Club's assets and made additional money from them.

The management committee of the club would normally be responsible for settling its debts as they were in charge of running it and in fact, they should have seen to the orderly running down of the club by selling off its assets and settling its debts.

Without looking at the Club's constitution, I cannot advise further on the matter.

I hope this is useful. Please leave a positive rating if so.

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 months ago.
That's the problem. The Club has not been wound up and the committee have just walked away from the problems and all the tangible assets are now being used by the new tenants of the premises. The Club concerned was a limited company and registered with the FCA as a mutual society. If I was to apply to the appropriate court for a winding-up petition and was successful, would the landlord be instructed by the receiver to offer up all of the ex clubs tangible assets on the premises? As the Club debt to me was the result of a loan from me to them. Is there any possibility of me making a claim to the FCA under their compensation scheme for collapsed financial institutions due to the Club's mutual status.