The situations
Eight ways company trouble becomes your trouble.
Most directors arrive with more than one of these, and they tend to be connected. Below: what each one means for you personally, and the first things worth doing.
Creditor pressure
Letters, calls, a collection agent at the door, a solicitor's letter before action, a statutory demand. Each is a different thing, with a different amount of force behind it.
Creditor pressure is mostly noise until it becomes procedure. A collection agency has no more power than the creditor who hired it. A letter before action is a warning, not a claim. A statutory demand is the point where the noise acquires a date: 21 days, after which the creditor can petition to wind the company up.
The personal question is whether any of it reaches you. A trade creditor with no guarantee has a claim against the company only. The pressure you feel is real, but the exposure may not be. Where a guarantee exists, or where you've paid some creditors ahead of others while the company couldn't pay everyone, the picture changes.
Worth doing now
- Sort what's arrived into categories: informal, pre-action, statutory demand, court. Only the last two carry a clock.
- Check whether any of these creditors hold a personal guarantee from you. Many directors aren't sure.
- Stop paying whoever shouts loudest. Preferences made under pressure are the ones that get looked at later.
Director's loan accounts
Money taken from the company that wasn't salary and hasn't been declared as a dividend. In good years it's tidied up at year end. In bad years it isn't.
An overdrawn director's loan account is the most common way a company's problem quietly becomes a director's. If the company goes into liquidation, the balance is an asset of the company and the liquidator's job is to collect it. From you. Dividends declared when there were no distributable profits can be treated the same way.
This is usually a surprise, and usually larger than the director thought, because bookkeeping lags. The right time to understand the number is before anyone else does, while there's still room to deal with it.
Worth doing now
- Get the actual balance, today, from your accountant or the ledger. Not the year-end figure.
- Don't try to clear it with a back-dated dividend or a relabelled transaction. It rarely survives scrutiny and it makes things worse.
- Talk through the options while they exist: repayment, set-off against genuine sums owed to you, or a negotiated settlement.
Personal guarantees
Signed to get the overdraft, the lease, the vehicle finance, the supplier account. Usually years ago, usually quickly, often forgotten until a letter arrives.
A personal guarantee is the clearest crossing point between the company's situation and your position. When the company can't pay, the lender can look to you, and the limited company offers no protection at all for that debt. The value of a guarantee to a lender, though, isn't always the face value. It depends on what security sits behind it, what you own, and how much the lender wants a fight.
That's where negotiation lives. Guarantees are settled for less than face value more often than lenders would like you to know. It takes a realistic view of your whole position, presented properly and at the right moment.
Worth doing now
- List every facility the company has and ask, for each, whether you signed a guarantee. Include leases and supplier credit accounts.
- Find the documents. The cap, the conditions and whether it was properly executed all matter.
- Don't promise the lender anything about personal repayment before you understand your whole position. One guarantee is rarely the only one.
HMRC arrears
PAYE, VAT and Corporation Tax. HMRC is the creditor most companies fall behind with first, because it doesn't chase like a supplier. Until it does.
HMRC will often agree a Time to Pay arrangement for a company that engages early with a credible proposal. It's far less patient with companies that have broken an arrangement before, or keep accruing new liabilities while the old ones sit. Enforcement, when it comes, is fast and procedural: field officers, control of goods, then a petition.
Personally, the concern is deductions. PAYE and VAT are money collected on behalf of others. Where a director has used it to keep the company going and the company then fails, HMRC and a liquidator will look closely at that decision. It isn't automatically fatal. It is worth understanding.
Worth doing now
- File everything, even if you can't pay it. Unfiled returns close the door to any arrangement.
- Work out what the company can genuinely afford monthly before proposing anything. A broken arrangement is worse than none.
- If you've been using PAYE or VAT money to fund trading, get a clear view of how long that's been happening.
Bounce Back Loans
Borrowed quickly in 2020 or 2021 on a short form and a good deal of trust. Now due, and often the last thing a struggling company can service.
Bounce Back Loans carried no personal guarantee, and closing a company with one outstanding doesn't by itself make you liable for it. What changes that is how the money was used. Loans spent on things other than the business, drawn out as dividends when there were no profits, or taken on an overstated turnover are being looked at by the Insolvency Service, and directors have been disqualified and pursued personally as a result.
For most directors the loan was used as intended and the exposure is limited. For some, there's a question that needs a careful answer before the company is closed, not after.
Worth doing now
- Trace where the loan went. Bank statements for the months after it arrived, honestly reviewed.
- If the company can't pay, use the lender's Pay As You Grow options before falling into arrears.
- Don't strike the company off with a Bounce Back Loan outstanding. The application will be objected to, and it draws attention.
Winding-up petitions
The most serious step a creditor can take. Served at the registered office, often by hand, and from that moment the company's options shrink by the day.
A petition has a rhythm. It's served. Seven clear days later it can be advertised in The Gazette. Once advertised, the bank will usually freeze the company's accounts, and any payment or transfer the company makes from the date of the petition is at risk of being reversed. The hearing follows, typically six to eight weeks from issue, and a winding-up order can be made in minutes.
The seven days before advertisement are the most valuable in the whole timeline. In that window the debt can be paid or disputed, a validation order sought, or a different process started on the company's own terms rather than the creditor's. After the advertisement, some of those doors close.
Worth doing now
- Note the date of service. Count seven clear days. That's your window.
- Don't move money out of the company, pay yourself, or settle friends and family. Every transaction from now on will be examined.
- Speak to someone today. This is the one situation where a week genuinely matters.
Wrongful trading
Directors are expected to keep going. They're also expected to know when keeping going is making things worse for creditors, and to change course. The law sits in the gap.
Wrongful trading isn't about trading while insolvent. Many companies do that and recover. It's about continuing past the point where a reasonable director would have concluded there was no realistic prospect of avoiding insolvent liquidation, and failing to take every step to minimise the loss to creditors. A court can order a director to contribute personally.
In practice, what protects directors is evidence of judgement: that they looked at the numbers, took advice, made decisions for reasons, and wrote those reasons down. The absence of that record is what liquidators look for.
Worth doing now
- Start a dated note of the decisions you take, why, and what information you had. A simple document, kept honestly.
- Prepare a short cash-flow forecast, even a rough one. It shows you were looking.
- Where you're unsure whether to carry on, that's the moment to ask, not the moment to hope.
Wages, cash and the next payroll
The decision that keeps directors awake more than any letter. People who trusted you, a date on the calendar, and a balance that won't reach.
Missing payroll isn't the end of a company, but it's the point where a private difficulty becomes a public one. Staff talk. Suppliers hear. Directors often borrow personally, or lend to the company from their own savings, to avoid it. Sometimes that's right. Sometimes it's throwing good money after bad and adding personal debt to an already exposed position.
There are options that protect employees without ruining you. The Redundancy Payments Service, for instance, meets certain employee claims when a company enters a formal process, including arrears, notice and redundancy pay. Knowing that changes the shape of the decision.
Worth doing now
- Be honest about whether the next payroll is a cash-timing problem or a solvency problem. The answers lead to different places.
- Before putting personal money in, understand what's already personally at risk. It may be more than you think, or less.
- If the company is at the end, an orderly process treats staff better than a slow collapse. It also treats you better.
If more than one of these sounds familiar, that's normal.
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