Directors responsibility

I'd appreciate any thoughts comments personal experience.

I'm owed money by a company that's gone into administration.

The sales director of the company has subsequently bought out the assets of the old company and some of the liabilities (mine not being one of them) for

15,001.

As part of those assets there is an unrealised debt of over 100K on one contract. When I say unrealised I mean no one has realised it's owed and it's not on the books. The Director refuses to acknowledge it, I believe for fear of losing the customer.

What action can I take? Generally people are telling me that if I take it to the administrators once they get through with it there'll be nothing worth mentioning.

Can I threaten this director that what he's doing is Fraud as he's bought the asset at a lower value than is stated?

Help I need this money!

TIA

Jason

Reply to
Jason Power
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Be very, very careful that you're not effectively committing blackmail, because it sounds to me like you're dancing on the giddy edge of it.

You need a prison sentence a lot less than you need the money.

Get legal advice, not ours.

Jon

Reply to
Jon S Green

Thanks Jon I understand what you're saying and I am trying to define that fine line between Blackmail and a promise to action. Again I'm only trying to get what I'm owed and I want to be pleasant about this because there are other factors in this situation that make it that bit more complicated but I do need what i am owed. Ideally I want this guy to say actually you are causing me more trouble than you're worth heres a payment to shut you up! but I do believe that he's too stupid to do that so ideally I need a similar situation where I can show him that what he's done can be very problematic for him. I'd like to point out that however that how much I detest this person I honestly do believe he hasn't intentionally done anything illegal.

Thank for the advice Jon

Reply to
Jason Power

Well on the facts stated, it sounds like you're not expecting anything from the liquidation anyway. If that's the case, what have you to lose by talking to the administrators?

What's the size of the current unsecured debts of the company in liquidation? Is £100K a significant amount in this context?

Where / who are the shareholders in all this?

I'd be wary about accusing the sales director of fraud, just because he's bought something at a lower value than it's worth. Particularly as you say no one is admitting that it is worth more.

Do you have any evidence that a debt is owed? Is the debtor company disputing it owes money? If you maintain a debt is owed, is there a VAT invoice involved against which the debtor might have reclaimed VAT? If that's the case, then presumably because the debt doesn't feature in the books, the VAT won't have been paid over. You might like to suggest to the debtor, and the sales director, that Customs and Excise might not be too happy to learn about this. C&E can be quite un-relenting when they get stuck in.

Just a few thoughts.

Rgds __ Richard Buttrey Grappenhall, Cheshire, UK __________________________

Reply to
Richard Buttrey

Hadn't thought about the VAT thanks Richard

100K is about 25% of the unsecured debts. Limited company owned by the sales director and the MD. The point I'm trying to make is that the work I did for this company was to determine what level of debt was owed by this debtor company. I was brought in by the MD to correct the errors the SD made. which ruffled his feathers I think. The debtor company to the best of my knowledge has never been made aware of the debt so have never expressed any opinion one way or the other, btw it's a PLC working for the public sector so they may have an image to uphold and so pay up to avoid a scandal??

Thanks again Richard

"Richard Buttrey" wrote in message news: snipped-for-privacy@4ax.com...

Reply to
Jason Power

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