# Ltd company registered at my sister's address-ceased trading Dec 2010. Civil Summons?



## jamesy11 (23 Jul 2011)

I had a small limited company and this company ceased trading jan 2010.

 Ive tried to carry on working as a sole trader since then but sales are just not coming in. 

I owe a loan to the bank 25k and a few suppliers total 10k. The bank took back the van in April and I got another cheap one, blew enging a few weeks ago so thinking of shutting the whole thing down and was going to go the bankrupt route.

I have absolutely no assets, no warehouse now, no van, have no other loans ,im single with no children, renting an apt, i would appreciate any advice.

Thanks Jamesy11


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## oldnick (23 Jul 2011)

It's bad luck for the suppliers - but thousands of small traders have gone out of business and your debts are so small compared to most.
As regards the bank - dont worry.
Sounds easy to say "dont worry" but, really, there is nothing they can do except huff and puff. I know for  getting nasty threatening letters and phone calls from banks is worrying - don't let it be.
Tell/write to the bank exactly the position -based on everything I've heard and read there's nothing they will do. (But they will make a few threatening noises)

Go job hunting, social welfare etc but, if you have traded honestly then neither suppliers or the bank will do anything .

You are probably feeling crap at present. Don't. Trying hard  and not succeeding at first is nothing to feel bad about or worry about.


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## jamesy11 (25 Jul 2011)

*Thanks Oldnick*

Yes indeed ,letters letters letters, phone calls everyday.

Yes ive gone to social welfare,and ive never trader badly, Ive always phoned up my suppliers and told them exactly where im at. I send them on a few bob if i have it.

Ive explained to the banks thats theres no money coming in, even forwarded by post bank statements, copies of all bills etc,
I got a letter today to say if bill is not discharged in 7 days legal proceedings will be taken against me. 

Do you reckon just ignore these letters?

Thanks jamesy


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## jamesy11 (11 Sep 2011)

Update:

I had a small ltd company, which ceased trading in dec2010.

I continued to keep trading as a sole trader in order to try and pay back outstanding loans, suppliers, banks, etc,.

In the last 2 months I have had zero sales so now im on unemployment. 

Im renting at my current address 7 years and previously used my sister's address when I started the company in 2002. 

Now my sister received a registered letter last week, and she signed for it, it was addressed to my name and limited company name underneath. 

There was a civil summons inside for €1,200.

Question is: is this document legal? I didnt personally sign for this document and also it is addressed to ltd company

regards
jamesy


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## oldnick (11 Sep 2011)

Not possible for anyone to answer .Too vague.
- When you say your ltd company " ceased trading" do you mean it was properly liquidated, struck off -or what. That is, did you go through any of the various channels whereby your company was not longer a legal entity ?
- Also, what was the regd address of your company ? If it was your sister's property and she signed for the delivery then I wonder (but I don't know) if your excuse may be a bit flimsy.
-  And,anyway, you're only delaying matters by this excuse. Things won't go away.


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## ajapale (11 Sep 2011)

Jamesy,

Welcome to AAM and Im sorry about your current difficulties.

Ive expanded your title somewhat to more fully reflect your question. Let me know if it needs any further changes. Also Ive broken your post into paragraphs to make it easier to follow.


Also Ive deleted a duplicate thread in AskAboutLaw and merged similar recent posts.



jamesy11 said:


> Hi all,i had a ltd company,which ceased to trade  jan 2010,i continued on as a sole trader,to try and keep paying bills  to suppliers,banks etc,and 2 weeks ago after working 7days,every week,it  just wasnt working,with zero sales last 2 months,so signed on,2 weeks  ago.
> Now today,my sister,received a registered letter made out to me,and she  signed for it,only thing,i havnt lived at the address for years,i have a  different business address,plus the name on the envelope is first my  name,and under that,the ltd company address,and then address of the  house.
> its a district court threarting appearance,
> suppliers owed €1200
> ...


aj
mod


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## jamesy11 (11 Sep 2011)

Hi,

No Ltd company wasn't struck off, it simply wasn't making money.  

I owed suppliers etc., I couldn't afford to liquidate, as had very little money, and accountant advised best to just cease trading.

I came back from the USA,2002 so just used my sister's address then, so that was the registered address of the Ltd company.  Maybe its best to just go to the solicitor's office and offer them a small amount every month, as I'm not making money right now, as being unemployed.

Thanks.


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## oldnick (11 Sep 2011)

jamesy11 - sorry to go on about this limited company aspect  as opposed to sole trader thing.
i still stick to my original advice not too worry too much but the waters are a bit muddied by not having properly "ceased trading". I can't believe the accountant said stop trading in the company name and carrying on trading as a sole trader ,paying off those debts of the company. Quite wrong.

As you're broke going to a lawyer/accountant seems fruitless . However, can you afford a few hundred to get a couple of hours advice from a good accountant ? -just to explain a few things and to help prepare a letter/summary of accounts to show there is no money and you wwere 100% honest/correct whatever.

 Is the summons against the ltd company? Or is it against you personally? Were the debts accrued whilst you traded as one or the other ? Slightly messy but ,again, if you acted in good faith there's not much anyone can do.
Many creditors feel they have to go through the motions of a summons mainly for accounts puposes -just to show they were owed money but despite best wefforts none was available.

I wouldn't use the sister signing as an excuse  to avoid responding.


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## jamesy11 (11 Sep 2011)

*hi nick*

Hi oldnick,

Thanks for the replies.  A bit of confusion along the way there, sorry for that.  I was just going through paperwork here, company ceased trading Dec. 2009, and I have the 'notice of assessement' and also all financial statement of the company, are supplied from accountant.

In September 2010, I started as a sole trader, under a different name.  I actually had a few words with a solicitor a few weeks ago, and showed him some of the letters I was receiving about the Ltd company, and said if letters are addressed to the company, not to worry about it, I'm not up with the law side of things, which is why I dropped a line here.

Thanks.


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