Types of Creditors in UK Law | Secured vs Unsecured Creditors

Understanding Different Types of Creditors #

Secured Creditors #

Secured creditors hold some form of security over the debtor’s assets. This could be:

  • A fixed charge over specific assets
  • A floating charge over changing assets
  • Personal guarantees from company directors

Secured creditors typically have priority over other creditors when it comes to recovering debts.

Unsecured Creditors #

Most business creditors fall into this category. As an unsecured creditor:

  • You have no security over the debtor’s assets
  • You rank below secured creditors in insolvency
  • You still have significant legal rights and options

Preferential Creditors #

Some creditors have preferential status, including:

  • Employees (for certain wage claims)
  • The Redundancy Payments Service
  • Certain pension scheme contributions

Trade Creditors #

As a supplier of goods or services:

  • You typically fall into the unsecured category
  • You may have retention of title clauses
  • You might have continuing business relationships to consider

Crown Creditors #

Government bodies like HMRC have special status:

  • Previously held preferential status (changed in Enterprise Act 2002)
  • Still have significant enforcement powers
  • Can issue specific types of demands

Understanding Your Position #

To determine your creditor type, consider:

  1. Do you hold any security?
  2. What does your contract or trading terms say?
  3. Are you owed money for goods or services?
  4. Do you have any special status under law?