This could be a little cheeky as I dont have any money to pay if needed so with that in mind you may not be able to help

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Customer: Hi this could be a little cheeky as I dont have any money to pay if needed so with that in mind you may not be able to help ,, but here goes. During covid 19 our company took the govt small business loan in an effort to say afloat but as we were doing events eg food shows , Home Shows etc where there were large numbers of attendees and numbers had been reduced because of our lockdown and reopening,we haved recovered . Due to hardship during lockdown my wife and I of 35 yrs have seperated we are both on a pension with no other income or savings and the company has no money at all. IRD are now activly pursing us for the loan,, are there any avenues I can take to have this loan discharged? and as its a company loan am I actually liable for it.
JA: Hi. What state are you in? It matters because laws vary by location.
Customer: oh dear New Zealand sorry I asked mr goofle for nz help
JA: What steps have you taken so far?
Customer: I have asked IRD to write to me as I dont always remember stuff
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I dont think so, or if there is can you give me an idea of what it might be
Answered by Chris The Lawyer in 12 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

Customer
Hi Chris do you have my question in front of you or do I start again cheers
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Chris The Lawyer, Expert

Is this debt just in the company name? If that is the case then you should tell IRD that your company has ceased trading and has no assets. In that case you would not be personally liable.

Customer
signed for on behalf of company by my wife who done our books
Customer
IRD have been advised that its a company debt but said we still have to pay
Customer
I haved asked IRD only this morning to put there case in writing to me
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Chris The Lawyer, Expert

You need to explain your finances in full and say they can liquidate the company but that you don’t have any money

Customer
Ok so then they cant chase me or my wife?
Customer
I feel I have had more than my $8 worth already thank you so very much
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Chris The Lawyer, Expert

Only if there is a personal guarantee which you signed

Customer
Oh dear I will check with my ex can I still get back to you in a couple of days Chris
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Chris The Lawyer, Expert

Sure. The personal guarantee would be an issue but only if you signed one specifically

Customer
You are a champ thankyou so much have a great week Cheers Kerry
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Chris The Lawyer, Expert

Glad to help

Customer
Hello Chris am I able to send you a letter from IRD and my response for your advice, concerns or pat on my back
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Chris The Lawyer, Expert

Sure but anonymise it so the names cannot be seen

Customer
File attached (5SPQ47V)
Customer
File attached (M7713LZ)
Customer
I feel like i am getting more than my $8 worth can I pay for a mth to make me feel better.
Customer
Also do I need to or should I tell them that personally we have no money and are separated and on pension s
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Chris The Lawyer, Expert

You do need to explain your personal circumstances

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Chris The Lawyer, Expert

Your company is separate from you, but you need to explain the company is insolvent, but also you personally are insolvent

Customer
Chris is my reply ok to go to IRD
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Chris The Lawyer, Expert

Yes

Customer
Thankyou.
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Chris The Lawyer, Expert

Please feel free to contact me again

Customer
Cheers
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