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Letter from Fingal CC to my private home address

  • 24-09-2013 9:34am
    #1
    Barrel
    Registered Users Posts: 121 ✭✭


    Hi, I got a letter today demanding payment of around €600 within 7 days to my private home address from Fingal County council about rates that were due in 2009 in relation to a Limited company that I was a company director in that had to close down due to the economy and is in the process of being wound down fully

    I would have presumed that because its a Limited company letters concerning the company would not be sent to my private home address

    Is this normal?


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Surely your private address was listed as your address in the CRO while you were a director? That's public information.


  • #3
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,715 ✭✭✭GerardKeating


    Barrel wrote: »
    Hi, I got a letter today demanding payment of around €600 within 7 days to my private home address from Fingal County council about rates that were due in 2009 in relation to a Limited company that I was a company director in that had to close down due to the economy and is in the process of being wound down fully

    I would have presumed that because its a Limited company letters concerning the company would not be sent to my private home address

    Is this normal?

    Maybe they had previously wrote to the company address and gotten no reply?


  • #4
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #5
    Valetta
    Closed Accounts Posts: 2,611 ✭✭✭Valetta


    Fred Swanson wrote: »
    This post has been deleted.

    That's a very sweeping statement to make without knowing the full facts.

    There are many situations where a director can be held liable personally for the debts of a company:

    Fraudulant trading

    Reckless trading

    Failure to keep proper books of account

    etc.

    The council may well have good grounds to pursue the OP personally for the rates.


  • #6
    Barrel
    Registered Users Posts: 121 ✭✭Barrel


    Paulw wrote: »
    Surely your private address was listed as your address in the CRO while you were a director? That's public information.
    Hi yes it would be listed as my private address, I was asking is it normal to post a letter for a limited company (that's gone bang) to a director's home address over 1 year after the company stopped trading.
    GerardKeating wrote: »
    Maybe they had previously wrote to the company address and gotten no reply?
    Yes I'm sure they did, The company's gone, It doesn't trade it has no office etc. and is in the middle of being wound down

    Fred Swanson wrote: »
    This post has been deleted.
    Thanks, That's my understanding of it too,

    So why would they send the letter to my home address? doesn't make sense
    Valetta wrote: »
    That's a very sweeping statement to make without knowing the full facts.
    There are many situations where a director can be held liable personally for the debts of a company:
    Fraudulant trading
    Reckless trading
    Failure to keep proper books of account
    etc.
    The council may well have good grounds to pursue the OP personally for the rates.
    I assure you there was nothing like any of the above or anything untoward at all going on


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  • #7
    srsly78
    Registered Users, Registered Users 2 Posts: 7,157 ✭✭✭srsly78


    Part of winding the company down is settling debts surely?


  • #8
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #9
    Barrel
    Registered Users Posts: 121 ✭✭Barrel


    srsly78 wrote: »
    Part of winding the company down is settling debts surely?
    Not any of the 5 times I was screwed by developers that went bust just after the boom ... Out of 45k due to the company we didn't get a penny


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #11
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    The courts will not lift the corporate veil until it is clear that the veil is clearly being abused, or that there is fraud/ other criminality, or that there is a statutory basis for doing so.

    Under normal circumstances, a demand for payment should be sent to a company's registered office, and not the home of the directors; the latter achieves no purpose except, I suppose, to frighten a director into action. In fact, unless a demand is also sent to a company's registered office, this can subsequently damage a creditor.

    That said, I just don't know how this principle applies to local authorities in their collection of rates, it may be that they have some statutory ability to get under the corporate veil.


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  • #12
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #13
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Fred Swanson wrote: »
    This post has been deleted.
    Do you know of any authority on that (or any authority that doesn't exist, to broach an existential question)?


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