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When a company goes into liquidation the insolvency practitioner is duty bound to look at your conduct as a director.

Many directors inadvertently fall foul of one or many breeches of their duties and can face a number of personal claims as a result.

The insolvency claim minefield

When operating a company that is struggling it is easy to make decisions which may cause an issue once the company is in liquidation. There are many different claims which can arise:

Misfeasance claims – Directors have a duty to act in the interests of the Company, and breach of that duty which results in a financial loss to the Company can give rise to a claim of misfeasance
Preference claims – Paying one creditor in priority to another
Transactions at undervalue claims – Any transaction which may be at less than market value
Illegal dividend claims – Dividends can only be paid out of available profits, any dividend paid without having available profits will be classed illegal

Overdrawn directors loan accounts – Often on advice of accountants, directors pay themselves a small salary and draw additional funds monthly in “advance dividends”. These monies are not dividends, they are effectively a loan until a dividend can be declared
Other antecedent transactions – These are transactions entered into prior to insolvency which can be reversed by a Liquidator or Administrator. The above are all antecedent transactions but there are others such as fraudulent or wrongful trading which fall under this banner as well.

There is considerable overlap between these claims. Often, in the event of court proceedings being commenced, claims will often refer to more than one of the various transactions

Its undoubtedly a mine field and in many cases claims arising from liquidation can be a real shock when issued. Specialist advice should be sought immediately. Personal Guarantees UK provide a cost effective alternative option to a specialist insolvency lawyer.

Proven approach and methodology

Valid insolvency claims are settled based on your own unique personal financial circumstances.

Knowing how to assess your income/expenditure and assets/liabilities and packaging these in a way to allow insolvency practitioners to make informed decisions on the level of your offer to settle is key.

Producing properly calculated estimated outcome statements in the event of legal action further validate and set the level of offer to be made.

Personal Guarantees UK have a set methodology and approach which is proven to get you the best outcome possible.

Your insolvency claim could not be in better hands

Personal Guarantees UK have the insolvency knowledge and qualifications to ensure the best possible outcome for you. Following the initial free consultation once instructed our service to you includes:

Checking the validity of the insolvency claim and its merits
Review of what can be set off against it to reduce the claim
Full assessment of your financial circumstances
Management of all correspondence and advice on the same
Production of settlement proposals and submission to insolvency practitioner
Explanation of any legal action threatened and how to respond
Negotiation of the claim through to completion
Advice on formal personal insolvency options if circumstances dictate they are the best option

Once engaged the Personal Guarantees UK team are on your side and can draw on over 40 years of insolvency experience.

Trusted by hundreds of clients throughout the whole of the UK

"After running into issues in the manner in which I applied for and obtained a Bounce Back Loan I ended up with a misfeasance claim which resulted in me being liable for all the creditor debt. Thankfully Personal Guarantees UK could explain the claim and help negotiate and settle it which took away all the stress and anxiety of what seemed like an overwhelming situation."

REQUEST YOUR FREE INITIAL CONSULTATION.

Other Insolvency Claims Services

The insolvency claim minefield

Proven approach and methodology

Your insolvency claim could not be in better hands

Trusted by hundreds of clients throughout the whole of the UK

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