What to do if a company goes bust and owes you money
Registering as a creditor is the route people reach for first and the one that pays least. Section 75, chargeback, ATOL, the FSCS and the energy safety net all move the loss onto someone solvent — work those first.
Short answer
Do not start with the administrator. If you paid more than £100 on a credit card, claim under section 75 of the Consumer Credit Act 1974 — the card provider is jointly liable and that survives the seller's insolvency. Debit card payers ask for a chargeback. Travel is covered by ATOL, regulated financial firms by the FSCS. Prove as an unsecured creditor last.
Part of How to complain and actually win
The order you work the routes in decides how much you get back, and most people work them in the wrong order. Registering as a creditor with the administrator feels like the official thing to do, so it is where the search usually starts — and it is the route that pays least, latest and least reliably. The routes that actually recover money do something different: they take the loss off the failed company's balance sheet and put it onto somebody solvent. A credit card provider, a card scheme, a statutory trust, a compensation fund. Those are the ones to exhaust before you join a queue.
The queue pays badly for a structural reason rather than an unfair one. When a limited company is wound up, section 74 of the Insolvency Act 1986 caps what its members must contribute to the assets at the amount, if any, unpaid on their shares — which for an ordinary company with fully paid-up shares is nothing at all. The directors' own money is not in play unless they personally guaranteed the debt. What is left is whatever the company itself owned, distributed in a fixed statutory order in which an ordinary customer with a deposit or a gift card sits close to the bottom of it.
The second thing worth knowing early is that each route runs on its own clock, and the clocks are not aligned. A section 75 claim is a statutory liability that does not evaporate because a firm collapsed. A chargeback runs on card scheme rules and is counted from the transaction or the expected delivery date, not from the day the company failed. An ATOL claim runs on the Civil Aviation Authority's process. A proof of debt runs on whatever notices the office-holder sends out. Pursuing one does not close the others, but the fastest routes often carry the tightest deadlines.
This page works through them in the order that recovers money: establishing what has actually happened to the company, then section 75, chargeback, the travel schemes, the Financial Services Compensation Scheme and the energy safety net, then deposits, gift cards and undelivered orders, then proving in the insolvency itself and what that realistically returns. It closes with unpaid wages through the Redundancy Payments Service, what changes when the business was a sole trader rather than a limited company, and how the machinery differs in Scotland and Northern Ireland.
Find out what has actually happened to the company
Start at Companies House, because it is free and it settles the question in about ninety seconds. GOV.UK's company information service gives you the registered address, date of incorporation, current and resigned officers, previous company names, mortgage charge data, document images and — the part that matters here — insolvency information. The filings will tell you which procedure the company is in and, usually, who the appointed office-holder is. Do that before you spend a fortnight emailing a customer services address that nobody is reading.
Then work out which procedure it is, because they are not interchangeable. The Insolvency Service's guidance sets out the options. In administration an insolvency practitioner takes control and puts proposals to creditors, aiming to rescue the business, arrange payment or sell the assets. A company voluntary arrangement is a binding agreement with creditors to pay over time while the business carries on trading. A creditors' voluntary liquidation or a compulsory liquidation ends the company and removes it from the register. Administrative receivership is different again: a floating charge holder appoints a receiver to recover its own money.
That last one deserves a sentence on its own, because it disposes of the question people most want answered. GOV.UK states it flatly: an administrative receiver does not make payments to unsecured creditors. If the company is in administrative receivership, proving your debt achieves nothing at all, and your entire effort should go into the card, scheme and compensation routes below.
Do not issue a county court claim against a company in administration. Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 provides that no legal process — including legal proceedings, execution, distress and diligence — may be instituted or continued against the company or its property except with the consent of the administrator or the permission of the court. The Insolvency Service says the same thing in plainer words: while the administrator is in charge, creditors cannot take legal action to recover their debts or start a compulsory liquidation. A claim issued in ignorance of that costs you the court fee and buys nothing.
Not every closure is an insolvency, and the difference is worth ten minutes of checking. Citizens Advice suggests the obvious first step that people skip: contact the company directly by phone, at its office or by letter, and ask what is happening and whether you can have your item or your money. If you cannot reach anyone, verify the position through Companies House for a limited company, or through the Insolvency Register if the trader was a sole trader or a partnership. A business that has simply stopped answering the phone is still a business you can sue.
Finally, understand why the directors keep their houses. Section 74 of the Insolvency Act 1986 makes every present and past member liable to contribute to the company's assets on a winding up, but section 74(2)(d) caps that contribution for a company limited by shares at the amount unpaid on the shares. For a normal trading company with fully paid shares that is zero. Unless a director gave you a personal guarantee, or the debt was personally theirs, the person who took your deposit is not on the hook for it — and can lawfully incorporate a new company the following week.
Section 75: the strongest claim you have, and it survives the collapse
Section 75 of the Consumer Credit Act 1974 is the single most valuable provision in this whole area, and its wording is worth quoting. Where the debtor under a debtor-creditor-supplier agreement has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, the debtor has a like claim against the creditor, who with the supplier is jointly and severally liable. Jointly and severally is the operative phrase: you are entitled to pursue the card provider alone, for the whole amount, without first exhausting the supplier.
The limits sit in section 75(3)(b), which disapplies the section for a claim relating to a single item with a cash price not exceeding £100 or more than £30,000. Citizens Advice makes the point that decides most disputes about this: the limits apply to individual items, not to the total value of an order. A single £120 item within a £90 basket qualifies; a £3,000 order made up of £40 items does not. Section 75(3) also excludes non-commercial agreements and certain short running-account credit.
It is a credit route, not a debit one. Citizens Advice states that section 75 is available where you paid by credit card, that it does not apply to debit card payments, and — in a note that will not stay current for long — that it can also apply to buy now, pay later agreements entered into before 15 July 2026. If everything went through a debit card, skip to the chargeback section; the two are frequently confused and they are not the same animal.
The rule that wins deposit cases is the partial payment rule. If you paid part of the cost by credit card and the rest by another method, section 75 still applies as long as the total cost of the item is more than £100, and Citizens Advice is explicit that you can claim the full cost of the item rather than only the amount that went on the card. A £300 deposit charged to a credit card against a £7,000 fitted kitchen that was never installed is a section 75 claim for the full £7,000, not for £300.
This is why insolvency does not defeat the claim. The liability is the card provider's own liability, created by statute and running alongside the supplier's. Section 75(2) gives the creditor a right to be indemnified by the supplier for what it has to pay out, including reasonable costs of defending proceedings — which means recovering from the wreckage of the failed company is the card provider's problem, not yours. A response along the lines of 'the retailer is in administration, please contact the administrator' is not a legal answer and should be pushed back on in writing.
Make the claim in writing and name the section. Set out what you bought, when, what was paid and how, what the supplier failed to do — non-delivery and non-performance are breaches of contract, which is exactly what section 75 requires — and what you want. Attach the order confirmation, the card statement line, any delivery date you were promised, and the Companies House filing or press coverage evidencing the failure. Ask for a decision in writing rather than over the phone.
If the provider refuses, the escalation is free and quick. Under the FCA's complaint-handling rules at DISP 1.6.2R a firm must send a final response by the end of eight weeks from receiving the complaint, and that response must enclose the Financial Ombudsman Service's standard explanatory leaflet, give the Ombudsman's website address and tell you that you may refer the complaint there. DISP 2.8 then sets the outer limits: six months from the date of the final response, and no more than six years after the event or three years after you became aware you had cause to complain, whichever is later.
- Section 75 applies to the item's cash price — over £100 and no more than £30,000
- Paying any part of the price on a credit card brings the whole item within the section
- Non-delivery and non-performance are breaches of contract for section 75 purposes
- The card provider's liability is its own; the supplier's insolvency is not a defence
- Eight weeks for a final response, then six months to refer it to the Financial Ombudsman
Chargeback: the debit card route, and what it is not
Chargeback is not a legal right. It is a set of rules operated by the card schemes, which is why nobody can quote you a statute for it and why outcomes are less predictable than under section 75. Citizens Advice describes the mechanism plainly — you ask your card provider to reverse the transaction, and the provider might not agree to do it. Where both routes are open, use section 75, because a statutory liability beats a scheme discretion every time.
It is, however, available on debit cards as well as credit cards, which makes it the main route for most consumer purchases. Ask in writing rather than by phone; Citizens Advice notes providers may refer to it as 'disputed transactions', and that front-line staff knowledge varies enough that you may need to escalate to a manager to be taken seriously. If the claim succeeds, the money is refunded to your card or bank account.
The refund is not final when it lands. Citizens Advice warns that the trader can challenge your refund even after you have had the money back, and advises keeping the funds available for several weeks in case that challenge succeeds. In an insolvency this is less theoretical than it sounds: an administrator or liquidator has a duty to gather in the company's assets, and money reversed out of the estate is exactly the sort of thing a diligent office-holder looks at.
The time limits are the part that catches people out, and they are set by the card scheme rather than by law. Citizens Advice does not publish a universal chargeback deadline, and the practical answer is to ask your provider which limit applies to your scheme and to what date it runs from. What matters for insolvency cases is that the clock generally does not start on the day the company collapsed — it runs from the transaction or from the date delivery was promised, so a deposit paid many months before a scheduled installation can already be outside it before the failure is even announced.
If the provider says no, ask a specific question: did you appeal to the trader's bank? Citizens Advice's guidance is that where the provider did not appeal, you can complain to the Financial Ombudsman Service. That converts a refusal into a complaint about the provider's own handling, which sits squarely inside the FCA's DISP rules and the eight-week and six-month clocks described above.
PayPal is a separate scheme again, with a deadline that is easy to state. Citizens Advice records that if you open a dispute on the PayPal website you have 180 days from when you paid — around six months. That runs alongside, not instead of, a section 75 claim where the underlying payment source was a credit card, so a purchase funded from a credit card through PayPal is worth putting to the card provider as well.
Keep the routes separate in your correspondence. A single email that mentions section 75, chargeback and the administrator in the same paragraph invites the reply that the matter is being handled elsewhere. Send a section 75 claim as a section 75 claim, and a chargeback request as a chargeback request, and record which was sent when.
Travel: ATOL, the trust money and the Package Travel Regulations
Package travel is the sector with the strongest statutory protection, and it is worth knowing what the law actually requires before you speak to anyone. Regulation 19 of the Package Travel and Linked Travel Arrangements Regulations 2018 requires a UK-established organiser to provide security covering the refund of all payments made by or on behalf of travellers for any travel service not performed because of the organiser's insolvency, and — where carriage of passengers is included — the cost of bringing travellers home, including financing accommodation before repatriation.
The regulation is unusually explicit about the terms of that protection. The security must benefit all travellers regardless of where they live or where the package was bought, refunds must be provided without undue delay after a request, and repatriation assistance must be free of charge. Organisers established outside the UK who sell packages to UK customers must comply too. Failing to provide the security is a criminal offence, punishable on summary conviction or on indictment.
Regulation 23 sets out one of the permitted mechanisms, and it is the one that explains why package customers do better than everyone else. Money paid by or on behalf of a traveller can be held by a person as trustee until the contract is performed or the money repaid. In the event of the organiser's insolvency, the monies held in trust must be applied to meet the claims of travellers who are creditors for unfinished package travel. Money held on trust is not the insolvent company's money, so it never enters the pot that the queue in the next section is fighting over.
ATOL is the licensing scheme that sits on top of this for flight-inclusive arrangements, and the Civil Aviation Authority names the Air Travel Trust as the primary source of funding when an ATOL holder fails. The CAA's failure guidance describes what it does first: it contacts all suppliers to try to arrange for stays to be completed and returns to operate as planned, so that in most cases the return flights simply run. Where they do not, the CAA may arrange replacement flights and publishes the details on its website and social media.
If you are abroad when it happens, the position on money is specific. Where a supplier — typically a hotel — demands payment for services the failed operator was supposed to have paid for, you can make an ATOL claim for those costs, and the CAA's guidance says claims can include accommodation and other expenses incurred abroad at the time of the failure. Pay if you must, keep every receipt, and claim afterwards rather than arguing at a reception desk in another country.
If you are due to travel, some of the booking may survive. The CAA notes that consumers holding ATOL flight-only tickets can typically still travel, and recommends checking the validity of the ticket with the airline directly. To claim, you complete an ATOL Claim Form and submit the documentation issued by the tour operator together with evidence of payment — receipts, credit card statements and the like. Where you paid by credit card, the CAA may refer you to your card issuer instead, which is not a brush-off: it is the section 75 route, and it is usually faster.
Not everything with a suitcase in it is ATOL protected. The CAA is clear that non-air holiday packages fall outside ATOL, though they may be covered by other schemes such as ABTA or AiTO. The practical consequence is that the first question to answer is who you actually contracted with and under what protection — the answer is printed on the ATOL certificate you should have been issued at the time of booking.
- Regulation 19 requires security for refunds and for repatriation, free of charge
- Trust money under regulation 23 never becomes part of the insolvent estate
- The CAA tries to keep return flights running before arranging replacements
- Pay a hotel that demands money, keep the receipts, and claim through ATOL afterwards
- Non-air packages are outside ATOL and may fall to ABTA or AiTO instead
Regulated financial firms and energy: the schemes that pay in full
The Financial Services Compensation Scheme is the safety net for customers of UK-authorised financial firms that fail, and it spans a wider range than most people assume: deposits, insurance, investments, pensions, mortgage advice and other regulated services. Where the FSCS applies, you are not a creditor of the failed firm in any meaningful sense — you are a claimant against a compensation scheme, which is an entirely different and far better position to be in.
For deposits the limit is £120,000 per eligible person, per bank, building society or credit union, applying from 1 December 2025, with joint account holders each getting the full limit. Temporary high balances of up to £1.4 million are protected for six months, which is the provision that covers people who have just sold a house or received a redundancy payment or an inheritance. Deposit compensation is also the one route on this page that requires nothing of you: the FSCS states that you do not need to do anything, because it compensates automatically.
For investments the limit is £85,000 per eligible person per firm where the failure occurred on or after 1 April 2019, with lower limits for earlier failures — £50,000 for failures between 2010 and 2019, and a tiered figure before that. The date that matters is the date the firm failed, not the date you invested, which is a distinction that changes the answer for anyone still pursuing an older collapse.
Insurance and pensions are handled differently again. For claims arising from failures on or after 8 October 2020, the FSCS pays 100% for compulsory insurance and long-term insurance, and 90% for other types. Where a pension provider fails the protection is 100% with no upper limit, while claims against SIPP operators are capped at £85,000. Debt management, mortgage advice and funeral plans each carry an £85,000 limit. A failed funeral plan provider is therefore a compensation claim rather than an unsecured creditor claim, which is worth knowing given how much money sits in prepaid plans.
Energy has its own safety net, run by Ofgem rather than by a compensation scheme, and the instruction is unusually simple. If your supplier goes bust, take a meter reading, sit tight and do not switch. Your supply is not interrupted, and Ofgem appoints a replacement supplier within a few days under the Supplier of Last Resort process. Switching in the gap is the one thing that can genuinely complicate matters, which is why the guidance leads with it.
Your credit balance is protected in that process — the single fact most energy customers want and rarely find stated plainly. The new supplier puts you on a special deemed contract, which may initially cost more but is governed by Ofgem's price cap, and you can switch supplier or tariff at any time afterwards without paying exit fees. Prepayment customers can carry on topping up normally through the transition.
Two loose ends catch people out. A smart meter may lose smart functionality with the new supplier and operate as a traditional meter, with the possibility of regaining it later. And microgeneration payments do not transfer automatically: Ofgem states that Feed-in Tariff payments require you to arrange a new FIT Licensee, and that securing a new Smart Export Guarantee tariff is your responsibility. Ofgem points households needing help to the Citizens Advice consumer service on 0808 223 1133, and to Advice Direct Scotland on 0808 800 9060.
Deposits, gift cards and orders that never arrived
In law, a gift card, an unredeemed voucher, a deposit on an undelivered sofa and a paid-for order that never shipped are the same thing: an unsecured claim against the company. There is no special consumer category and no priority. Citizens Advice puts the consequence bluntly — you can register a claim as a creditor, but other people, such as banks, will get paid first, so you might not get any money back. Every other route on this page exists precisely because that one is so poor.
The practical answer changes with the procedure, though, and that is worth checking before you write anything off. In an administration the business may still be trading while the administrator works up proposals, and administrators do sometimes continue to accept vouchers, occasionally on restricted terms such as spending them alongside new money. In a liquidation the shops are closing and there is nothing to spend a voucher in. The Insolvency Service's own summary of the procedures is the quickest way to tell which situation you are in.
For deposits, the question to ask first is whether any part of the payment touched a credit card, because section 75 turns on the cash price of the item rather than on the amount charged to the card. A deposit of a few hundred pounds on a kitchen, a conservatory, a wedding, a car or a holiday brings the whole contract price within the section as long as that price is over £100 and no more than £30,000. This is the difference between recovering the deposit and recovering the value of what you were supposed to receive.
Goods paid for but never delivered fit section 75 cleanly, because non-delivery is a breach of contract by the supplier and section 75 gives you the like claim against the creditor. Where the payment was made by debit card, chargeback is the equivalent route, subject to the scheme deadline running from the transaction or the promised delivery date. Where the purchase was a flight-inclusive package, the ATOL and Package Travel routes take precedence because they are backed by trust money and a statutory fund.
Assemble the evidence once and reuse it on every route. Order confirmations, invoices, the card statement line showing the payment, the delivery or completion date you were promised, any correspondence chasing it, and the Companies House filing recording the insolvency. The same pack supports a section 75 claim, a chargeback, an ATOL claim and a proof of debt, which is the only efficiency available in this process.
One thing that is not a claim: changing your mind. Citizens Advice states that if you bought an item in the shop before it closed, you do not have an automatic right to get your money back if there is nothing wrong with it. Statutory rights attach to faulty, misdescribed or undelivered goods, not to a purchase you have gone off, and an administrator running a closing-down sale is under no obligation to operate the shop's old returns policy.
Finally, stop the money going out. If you are paying by instalments for something that will never be delivered, continuing to pay increases your unsecured claim rather than your chances of receiving anything. Where the payments are made under a regulated credit agreement, take advice before cancelling anything, because the agreement is exactly what gives you the section 75 claim in the first place and you do not want to put yourself in breach of the thing that protects you.
Proving in the insolvency, and the queue you are joining
If the other routes leave a shortfall, prove for it. Rule 14.3 of the Insolvency (England and Wales) Rules 2016 requires a creditor to submit a proof to the office-holder in order to recover a debt, subject to exceptions. The rule also deals with transitions between procedures: where an administration converts into a winding up, a creditor who proved in the administration is treated as having proved in the winding up, and the same applies in reverse — so you do not have to start again when the procedure changes.
Small consumer debts get an easier path, and it is one that only works if you read your post. Rule 14.1 defines a small debt as a debt, meaning the total amount owed to that creditor, which does not exceed £1,000. Where a debt is a small debt, the creditor has been given notice of an intended dividend and does not dispute the debt in their response, rule 14.3 treats them as having proved for the purpose of determining and paying a dividend — but for no other purpose. A notice that goes in the recycling is a claim you have quietly dropped.
The order of payment is set by statute, and it explains everything about the size of the eventual cheque. Section 175 of the Insolvency Act 1986 places preferential debts after liabilities under section 174A and the expenses of the winding up, but before all other debts, and gives them priority over the holders of debentures secured by a floating charge. There are two classes — ordinary preferential and secondary preferential — each ranking equally within itself and abating proportionately where the assets do not stretch.
One change since 2020 pushed ordinary customers further down that list. Section 98 of the Finance Act 2020 made certain HMRC debts secondary preferential: VAT, and 'relevant deductions', meaning amounts the business was required by law to deduct from payments to other people and pay over to HMRC, such as PAYE. The change applies where the insolvency date is on or after 1 December 2020, and it operates across England and Wales, Scotland and Northern Ireland. In practical terms, a substantial creditor was moved ahead of the queue that consumers sit in.
What is reserved for unsecured creditors is the prescribed part. Section 176A of the Insolvency Act 1986 requires the liquidator, administrator or receiver to set aside a prescribed part of the company's net property — the amount that would otherwise be available to floating charge holders — for the satisfaction of unsecured debts. The Insolvency Act 1986 (Prescribed Part) Order 2003 fixes it at 50% of the first £10,000 of net property plus 20% of anything above that, subject to a maximum which the Order as originally made set at £600,000. Confirm the current ceiling before relying on it.
The section has holes in it, and they are worth knowing so that a nil return is not a surprise. Section 176A does not apply where the company's net property is below a prescribed minimum and the office-holder thinks the cost of distributing to unsecured creditors would be disproportionate to the benefit, nor where a voluntary arrangement or court-approved arrangement displaces it, nor where the court orders otherwise on disproportionality grounds. And in an administrative receivership there is no unsecured distribution at all — GOV.UK states that an administrative receiver does not make payments to unsecured creditors.
If the office-holder is the problem rather than the arithmetic, there is a defined complaints route. GOV.UK's guidance is to complain to the insolvency practitioner directly first, and then, if you are not satisfied with the response, to submit a complaint to their professional authorising body using the online form — you need to identify which body regulates them, and the Insolvency Service provides a contact form to help. Complaints must relate to something that happened, or that you found out about, within the past three years, and you cannot make the same complaint twice. The Insolvency Service's general enquiry line is 0300 678 0015.
| Rank | Who | Statutory basis |
|---|---|---|
| 1 | Fixed charge holders, out of the charged asset | Security predates the insolvency |
| 2 | Expenses of the winding up, and liabilities under section 174A | Insolvency Act 1986, s.175(1A) |
| 3 | Ordinary preferential debts — mainly employee claims | Insolvency Act 1986, s.175 and s.386 |
| 4 | Secondary preferential debts — HMRC VAT and PAYE-type deductions | Finance Act 2020, s.98 |
| 5 | Prescribed part, ring-fenced for unsecured creditors | Insolvency Act 1986, s.176A |
| 6 | Floating charge holders | Insolvency Act 1986, s.175(2)(b) |
| 7 | Unsecured creditors — customers, deposits, gift cards, suppliers | Insolvency (England and Wales) Rules 2016, Part 14 |
| 8 | Shareholders | Insolvency Act 1986, s.74 |
Compiled from sections 74, 175 and 176A of the Insolvency Act 1986, section 98 of the Finance Act 2020, the Insolvency Act 1986 (Prescribed Part) Order 2003 and Part 14 of the Insolvency (England and Wales) Rules 2016. The ordering is a summary; individual cases turn on the security granted and the procedure used.
If you worked there, if it was not a company, and the four nations
Employees do not join the queue for their statutory entitlements. Where the employer is insolvent, GOV.UK's guidance is to apply to the Redundancy Payments Service, which pays out of the National Insurance Fund rather than out of the company's assets. You can claim a redundancy payment, holiday pay, outstanding payments including unpaid wages, overtime and commission, and statutory notice pay — money for the notice period you should have been given.
The caps are specific and they are the figures to plan around. A week's pay is capped at £751 for redundancies on or after 6 April 2026, and at £719 for those made redundant before that date. Redundancy pay is calculated on age and length of service and counts a maximum of 20 years. Arrears of wages are capped at eight weeks, holiday pay at up to six weeks accrued or untaken in the twelve months before the insolvency, and statutory notice pay at one week per year of employment to a maximum of twelve weeks, payable even if you did not work the notice. Wage-related payments are subject to income tax and National Insurance.
Two details are easy to miss. GOV.UK warns that if you do not apply for benefits after losing your job, you might get less money in your statutory notice pay payment, because the calculation assumes you claimed what you were entitled to. And missing pension contributions are handled separately: the guidance directs you to contact the insolvency practitioner or the official receiver about those. The Redundancy Payments Service line is 0330 331 0020.
If the business was not a limited company, the machinery is entirely different. Sole traders and partners are individuals, so their insolvency is bankruptcy, a debt relief order or an individual voluntary arrangement, and the register to search is the Individual Insolvency Register for England and Wales. Crucially, if they are not formally insolvent, none of the moratorium provisions apply — an ordinary county court money claim is still open to you, and there is no administrator to stand behind.
Corporate insolvency across Great Britain runs on the Insolvency Act 1986, but the procedural rules and courts are not shared. England and Wales operate under the Insolvency (England and Wales) Rules 2016, whose Part 14 governs proving and dividends and supplies the £1,000 small debt threshold used above. Scotland has its own insolvency rules and its own court procedure, so timescales and the forms you are sent will differ even where the statutory outcome is the same.
Personal insolvency in Scotland is a devolved system with its own agency. The Accountant in Bankruptcy describes itself as Scotland's insolvency service and administers bankruptcy, protected trust deeds and the Debt Arrangement Scheme, publishing guidance for creditors as well as for debtors. If a Scottish sole trader owes you money and has gone under, that is the body to deal with, not the Insolvency Service in England.
Northern Ireland has separate statute and a separate administrator. Company insolvency there runs on the Insolvency (Northern Ireland) Order 1989, alongside the Company Directors Disqualification (Northern Ireland) Order 2002, the Insolvent Partnerships Order (Northern Ireland) 1995 and the Corporate Insolvency and Governance Act 2020. The Insolvency Service within the Department for the Economy administers bankruptcies and company liquidations, disqualifies directors and regulates the insolvency profession in Northern Ireland. What does not vary anywhere in the UK is the consumer half of this page: section 75, chargeback, the FSCS, ATOL, the FCA's complaint rules and the Financial Ombudsman Service all operate across all four nations.
Key takeaways
- Work the routes that move the loss onto someone solvent before you register as a creditor — section 75, chargeback, ATOL and the FSCS all pay when the insolvency will not.
- Section 75 of the Consumer Credit Act 1974 makes the credit card provider jointly and severally liable for an item costing over £100 and no more than £30,000, and paying only part of the price on the card brings the whole item within it.
- You cannot sue a company in administration: paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 bars legal process without the administrator's consent or the court's permission, and an administrative receiver pays unsecured creditors nothing at all.
- FSCS deposit protection is £120,000 per eligible person per firm from 1 December 2025 and is paid automatically, while Ofgem's Supplier of Last Resort process protects energy credit balances — take a meter reading and do not switch.
- Unsecured creditors sit behind the insolvency expenses, both classes of preferential debt including HMRC's VAT and payroll deductions since 1 December 2020, and the floating charge holder, with only the prescribed part reserved for them.
Who to contact
Insolvency Service enquiry line
General guidance on company liquidations, administrations and creditors' rights in England and Wales.
Monday to Thursday 9am to 5pm, Friday 9am to 3pm
Claims for redundancy pay, arrears of wages, holiday pay and notice pay when an employer is insolvent.
Monday to Thursday 9am to 5pm, Friday 9am to 3pm
Citizens Advice consumer service
Free advice on section 75 claims, chargebacks and what to do when a trader stops trading.
Financial Services Compensation Scheme
Compensation when a UK-authorised bank, insurer, investment firm, pension provider or funeral plan provider fails.
UK Civil Aviation Authority — ATOL claims
Refunds and repatriation when an ATOL-protected travel company goes out of business.
Companies House company search
Free lookup of a company's officers, filings and insolvency information before you do anything else.
At a glance
- Section 75 range
- Over £100, up to £30,000Applies to the item's cash price, not to what you paid on the card
- Card type
- Credit card, not debitDebit card payments go through chargeback instead
- Part-paid on a credit card
- Still a full claimCitizens Advice: you can claim the full item cost, not just the card payment
- FSCS deposit limit
- £120,000 per person, per firmFrom 1 December 2025; deposit compensation is paid automatically
- Suing a company in administration
- BlockedInsolvency Act 1986, Schedule B1, paragraph 43(6)
- Unsecured creditors' ring-fence
- 50% of the first £10,000Then 20% of net property above that, subject to a statutory cap
- Employee week's pay cap
- £751 a weekFrom 6 April 2026; £719 for redundancies before that date
- Complaint clock
- 8 weeks, then 6 monthsFinal response from the firm, then referral to the Financial Ombudsman
What to do if a company goes bust and owes you money — FAQ
A company went bust after I paid a deposit — can I get it back?
If any part of the payment went on a credit card and the item costs over £100 and no more than £30,000, claim under section 75 of the Consumer Credit Act 1974 against the card provider, for the full item cost rather than just the deposit. If you paid by debit card, ask for a chargeback. Registering with the administrator is the last resort, not the first step.
Are gift cards and vouchers worth anything when a shop goes into administration?
They rank as unsecured claims, which Citizens Advice describes bluntly — banks and others are paid first, so you might get nothing. Administrators sometimes keep accepting vouchers while a business is still trading, occasionally on restricted terms. In a liquidation there is nowhere to spend them. Use them immediately if the shops are still open.
Can I take a company that has gone bust to the small claims court?
Not while it is in administration. Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 prevents any legal process being started or continued against the company or its property without the administrator's consent or the court's permission. If the trader was a sole trader or partnership that has not gone through a formal insolvency procedure, an ordinary county court claim is still available.
My airline or travel company collapsed — am I covered?
If it was a flight-inclusive package sold by an ATOL holder, yes. The Civil Aviation Authority contacts suppliers to keep stays and return flights running, may arrange replacement flights, and pays claims for costs you incur abroad. You claim using an ATOL Claim Form with the operator's documentation and proof of payment. Non-air packages fall outside ATOL and may be covered by ABTA or AiTO instead.
What happens to my money if my energy supplier goes bust?
Nothing immediately. Ofgem tells you to take a meter reading, sit tight and not switch. It appoints a replacement supplier within a few days on a deemed contract covered by the price cap, and your credit balance is protected. You can switch away afterwards without exit fees. Feed-in Tariff and Smart Export Guarantee arrangements do not transfer automatically — you must arrange those yourself.
How much do unsecured creditors actually get back?
Usually very little, because of where they sit. Under sections 175 and 176A of the Insolvency Act 1986 they rank after the insolvency expenses, ordinary preferential debts, HMRC's secondary preferential claim for VAT and payroll deductions, and the floating charge holder. Only the prescribed part — 50% of the first £10,000 of net property plus 20% above that, subject to a cap — is reserved for them.
My employer went bust owing me wages — who pays me?
The Redundancy Payments Service, out of the National Insurance Fund rather than the company. You can claim redundancy pay, up to eight weeks' arrears of wages, up to six weeks' holiday pay from the previous twelve months, and statutory notice pay of one week per year to a maximum of twelve. A week's pay is capped at £751 from 6 April 2026.
Can I claim from the directors personally if the company has no money?
Almost never. Section 74 of the Insolvency Act 1986 limits a shareholder's contribution in a company limited by shares to the amount unpaid on their shares, which is normally nothing. Unless a director gave you a personal guarantee or the contract was with them personally, they are not liable — and they can lawfully incorporate a new company afterwards.
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Sources & provenance
Facts verified
- 1.Consumer Credit Act 1974, section 75 Legislationlegislation.gov.ukUsed for: The joint and several liability of creditor and supplier for misrepresentation or breach of contract, the section 75(3)(b) exclusion for items with a cash price not exceeding £100 or more than £30,000, and the creditor's right to be indemnified by the supplier under section 75(2)
- 2.If a company stops trading or goes out of business OfficialCitizens AdviceUsed for: Contacting the company first, checking Companies House or the Insolvency Register, registering a claim as a creditor while banks and others are paid first, and that goods bought before closure carry no automatic right to a refund if nothing is wrong with them
- 3.Getting your money back if you paid by card or PayPal OfficialCitizens AdviceUsed for: Section 75 applying to credit cards but not debit cards, the limits applying per item rather than per order, the partial payment rule allowing a claim for the full item cost, the chargeback process and the trader's right to challenge a refund, complaining to the Financial Ombudsman where the provider did not appeal, and the 180-day PayPal dispute window
- 4.Insolvency Act 1986, section 74 Legislationlegislation.gov.ukUsed for: That members are liable to contribute to the assets on a winding up, and that section 74(2)(d) caps that contribution for a company limited by shares at the amount unpaid on the shares
- 5.Insolvency Act 1986, Schedule B1, paragraph 43 Legislationlegislation.gov.ukUsed for: The administration moratorium — no legal process, execution, distress or diligence may be instituted or continued against the company or its property except with the administrator's consent or the court's permission
- 6.Insolvency Act 1986, section 175 Legislationlegislation.gov.ukUsed for: Preferential debts ranking after section 174A liabilities and the expenses of the winding up but before all other debts, the ordinary and secondary preferential classes abating rateably, and their priority over floating charge holders
- 7.Insolvency Act 1986, section 176A Legislationlegislation.gov.ukUsed for: The requirement to set aside a prescribed part of the company's net property for unsecured debts, the definition of net property, and the exceptions where net property is below a prescribed minimum, where an arrangement displaces it, or where the court orders otherwise
- 8.The Insolvency Act 1986 (Prescribed Part) Order 2003, article 3 Legislationlegislation.gov.ukUsed for: The prescribed part calculated as 50% of the first £10,000 of net property plus 20% of the excess, and the maximum set at £600,000 in the Order as originally made
- 9.Finance Act 2020, section 98 Legislationlegislation.gov.ukUsed for: HMRC's secondary preferential status for VAT and for relevant deductions the debtor was required to withhold and pay over, applying to insolvencies on or after 1 December 2020 across England and Wales, Scotland and Northern Ireland
- 10.The Insolvency (England and Wales) Rules 2016, rule 14.3 Legislationlegislation.gov.ukUsed for: The requirement to submit a proof to the office-holder to recover a debt, the deemed proof on conversion between administration and winding up, and the small-debt route where notice of an intended dividend is given and the debt is not disputed
- 11.The Insolvency (England and Wales) Rules 2016, rule 14.1 Legislationlegislation.gov.ukUsed for: The definition of a small debt as the total amount owed to a creditor not exceeding £1,000, and the definitions of debt, provable debt and the relevant date
- 12.The Package Travel and Linked Travel Arrangements Regulations 2018, regulation 19 Legislationlegislation.gov.ukUsed for: The organiser's duty to provide security for refunds of payments for travel services not performed and for repatriation including accommodation, that it must benefit all travellers regardless of residence, that refunds must be without undue delay and repatriation free of charge, and that non-compliance is an offence
- 13.The Package Travel and Linked Travel Arrangements Regulations 2018, regulation 23 Legislationlegislation.gov.ukUsed for: The trust mechanism under which travellers' money is held by a trustee, and the requirement that on the organiser's insolvency the trust monies are applied to meet the claims of travellers who are creditors
- 14.Options when a company is insolvent OfficialInsolvency ServiceUsed for: The descriptions of administration, company voluntary arrangements, creditors' voluntary and compulsory liquidation and administrative receivership, that creditors cannot take legal action while an administrator is in charge, and that an administrative receiver does not make payments to unsecured creditors
- 15.Get information about a company OfficialCompanies HouseUsed for: The free company information available, including registered address, current and resigned officers, document images, mortgage charge data, previous names and insolvency information
- 16.Search the Individual Insolvency Register OfficialInsolvency ServiceUsed for: That the register covers England and Wales, holds bankruptcies including discharge dates, debt relief orders and individual voluntary arrangements, can be searched by name or trading name for sole traders, and does not cover companies
- 17.Complain about an insolvency practitioner OfficialInsolvency ServiceUsed for: Complaining to the practitioner first and then to their authorising professional body through the online form, the three-year limit on the matters complained of, and that the same complaint cannot be made twice
- 18.Insolvency Service OfficialInsolvency ServiceUsed for: The agency's remit including maximising returns to creditors, and its published telephone numbers for the general enquiry line, the Redundancy Payments Service and investigations and enforcement
- 19.Your rights if your employer is insolvent: what you can get OfficialUK GovernmentUsed for: The £751 weekly cap from 6 April 2026 and £719 before it, the 20-year cap on redundancy service, eight weeks of arrears, six weeks of holiday pay from the preceding twelve months, twelve weeks of statutory notice pay, the effect of not claiming benefits, and that pension contributions are dealt with by the insolvency practitioner
- 20.Information about ATOL tour operator failures RegulatorUK Civil Aviation AuthorityUsed for: The CAA contacting suppliers to keep stays and return flights running, replacement flights where they do not, claiming for costs demanded by suppliers abroad, ATOL flight-only tickets often remaining valid, the ATOL Claim Form and evidence required, referral to the card issuer for credit card payments, and that non-air packages fall outside ATOL and may be covered by ABTA or AiTO
- 21.ATOL protection RegulatorUK Civil Aviation AuthorityUsed for: That the Air Travel Trust is the primary source of funding when an ATOL holder fails
- 22.What we cover RegulatorFinancial Services Compensation SchemeUsed for: The £120,000 deposit limit per eligible person per firm from 1 December 2025, temporary high balances to £1.4m for six months, automatic deposit compensation, £85,000 for investments, mortgages, debt management and funeral plans, insurance at 100% and 90% for failures after 8 October 2020, and pension protection at 100% with SIPP operators capped at £85,000
- 23.What happens if your energy supplier goes bust RegulatorOfgemUsed for: Taking a meter reading, sitting tight and not switching, appointment of a new supplier within days on a deemed contract covered by the price cap, protection of credit balances, no exit fees, prepayment top-ups continuing, smart meters reverting to traditional mode, and that Feed-in Tariff and Smart Export Guarantee arrangements do not transfer automatically
- 24.DISP 1.6: Complaints time limit rules RegulatorFinancial Conduct AuthorityUsed for: DISP 1.6.2R requiring a final response by the end of eight weeks, and the requirement to enclose the Financial Ombudsman Service's explanatory leaflet, give its website address and tell the complainant of the right to refer the complaint
- 25.DISP 2.8: Was the complaint referred to the Financial Ombudsman Service in time? RegulatorFinancial Conduct AuthorityUsed for: The six-month limit from the date of the firm's final response, and the six years from the event or three years from awareness limits, together with the exceptions
- 26.Accountant in Bankruptcy OfficialAccountant in BankruptcyUsed for: That AiB is Scotland's insolvency service, administering bankruptcy, protected trust deeds and the Debt Arrangement Scheme, with guidance for creditors as well as debtors
- 27.Insolvency Service (Northern Ireland) OfficialDepartment for the EconomyUsed for: That company insolvency in Northern Ireland runs on the Insolvency (Northern Ireland) Order 1989 alongside the Company Directors Disqualification (Northern Ireland) Order 2002 and the Corporate Insolvency and Governance Act 2020, administered by the Insolvency Service within the Department for the Economy
Not a source — AI-assisted analysis on this page
- AI-assisted analysis — the order in which to work the routes — The ranking of recovery routes by whose balance sheet absorbs the loss, the recommendation to open a section 75 claim on the day a failure is announced, and the treatment of the insolvency proof as a residual claim, are our reasoning. The Consumer Credit Act, the FCA Handbook, Citizens Advice, the CAA, the FSCS, Ofgem and the Insolvency Service each describe their own route in isolation; none of them ranks the routes against each other or advises which to start with, and none draws this conclusion.
- AI-assisted analysis — protection attaches to the seller, not the trip — The framing that the decisive question in a travel failure is which entity sold you the arrangement, and the advice to find the ATOL certificate or booking confirmation before taking any other step, is our analysis. The Package Travel Regulations impose the insolvency security on the organiser and the CAA states that non-air packages fall outside ATOL and may sit with ABTA or AiTO, but neither presents the problem in these terms or offers this as a first step.
- AI-assisted analysis — gift cards and vouchers — The judgement that an unspent voucher should be used immediately on the announcement of an administration and written off thereafter, and that a dividend on a small voucher will not usually exceed the cost of pursuing it, is our conclusion from the statutory priority rules. Citizens Advice confirms voucher holders rank behind banks and others, and sections 175 and 176A of the Insolvency Act 1986 set the waterfall, but no cited source advises spending a voucher immediately or characterises the claim as not worth making.
The section 75 limits, joint liability and indemnity come from the Consumer Credit Act 1974 as cited; the chargeback, PayPal and practical points come from Citizens Advice. The administration moratorium, the priority waterfall, the prescribed part, the proof of debt rules and the small debt threshold come from the Insolvency Act 1986, the Prescribed Part Order 2003, the Finance Act 2020 and the Insolvency (England and Wales) Rules 2016. Travel protection comes from the Package Travel Regulations 2018 and the CAA; compensation limits from the FSCS; the energy safety net from Ofgem; employee caps from GOV.UK. Three passages are marked as AI-assisted analysis. The FSCS limits, the £751 weekly cap, the prescribed part ceiling and the buy-now-pay-later date all change — confirm them with the FSCS, GOV.UK and legislation.gov.uk. General information, not legal advice.
Facts on this page are taken from the sources listed above — UK government departments, devolved administrations, regulators, statutory bodies and official statistical releases. Comparisons, judgements and "which option suits whom" conclusions are AI-assisted analysis written over those sources; they are marked in the text and listed as an AI-analysis entry in the sources, not attributed to any authority. Rates, thresholds, fees and processing times change, usually at the start of a tax year in April; figures are current as at the review date shown and should be confirmed with the responsible body before you rely on them. Much of what follows differs between England, Scotland, Wales and Northern Ireland — where it does, this site says so.