Posted by
glasshouse
18 yrs ago
My wife's company of which she was director recently went bust. There was an investor who put in a large amount of money but without collatoral or directors guarantee etc.
Now that investor refuses to believe that the money has gone and has put some nasty debt collectors on the case. They have visted our home and made threatening calls to me even though I had nothing to do wiht the business
My questions is what can be done to stop this. Legally, the investment was part of the company according to the Official Receiver as there were no personal guarantees but this guy is making it a personal matter.
So, what can we do to stop these investor making threats and taking personal debt collection action
Any advice?
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Firstly is it a limited company? If so then that makes the company only liable.
As for debt collectors, harassment like this is illegal. A simple solution is to involve the police. They will take action.
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Thks for the reply
The agreement was signed as the LTD company but the investor insists this was personally guaranteed. However, the document is question is clearly made in the LTD company name with the names of the directors next to their signatures only. As far as I know a Directors guarantee has to be a legally certified agreement stating that they bear personal responsibility. Is this correct? Since the company has been wound up, does this mean the creditor has no legal right to pursue the claim other than at the Official Receivers office?
Again, appreciate your comments before going to police
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If a Limited company and the investment was made under the signature of that company with no personally signed documents then yes they must lodge their claim with the official receiver and are not able to pursue this through individual directors. If you have the money I would consult with a lawyer initially and involve the police should the harassment continue
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The most cost effective method is to report the matter to the Police and the Consumer Council IMMEDIATELY.......this is harassment that is typical of some debt collectors. You might try to contact the MD of the debt collection company (if they have left the company's name) and explain the situation though we doubt the result will be positive. You can explain to the police the threatening action and that it obviously emanates from the investor. The police are sometimes reluctant to investigate such matters so that yoiu must be forceful on this account and try to get the Consumer Council to carry the burden.
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