Can I restore a 3 year old company via Administrative Restoration?

[ElijahPaul]

I had a company dissolved in 2010 for failure to submit the annual return.

Is it possible to restore this company via the Administrative Restoration process rather than the regular restoration process?
Thanks for any advice.

 

[Bob]

I had a company dissolved in 2010 for failure to submit the annual return.

Is it possible to restore this company via the Administrative Restoration process rather than the regular restoration process?
Thanks for any advice.

Why do you want to do that rather than just form a new company with the same name :|

 

[ElijahPaul]

The bank account associated with the company is frozen.

I wanted to re-active the company for trading as well access the bank account.

 

[Bob]

You could have a look here and speak to Elaine who used to be a regular poster on this forum. You have 6 years to apply and more information here about outstanding penalties/returns etc

 

[ElijahPaul]

bbbbb Thank you for those links. Extremely helpful.

I also rang companies house, and it looks like I'll be able to restore the company without any major issues.

 

[ElijahPaul]

Ok. It now looks like I have to go down the Court Order restoration route instead.

I know that it'd be best to use a solicitor service for this, but is it possible to submit the claim form (CPR Part 8) myself?

i.e. will they accept claim form if I'm NOT using a solicitor? Do I HAVE to use a solicitor?

P.S. I'm aware some might say that, 'If you have to ask, then you should be using a solicitor' but I would still like to know.

 

[AndrewEardley]

I don't think any part of the court system makes it mandatory to have a solicitor

If a murdered can represent oneself, then I am sure you could do the same!

It might not be advisable; but it is probably allowed

 

[ElijahPaul]

[at]AndrewEardley Many thanks. I'm assuming the same, but have found it very hard to find information stating outright whether it's allowed.

I called the court, and they couldn't answer for liability reasons.

I've downloaded the 'TSOL's Guide to Company Restoration' which has been very helpful, but not as thorough as I'd hoped for. At the moment it's only simple(ish), obvious type questions I have remaining regarding filling out the claim form, and witness statement.

P.S. Yes. I 100% agree that it's not advisable, but I not currently in a position to afford a solicitors service at this moment in time.

So if anyone on here has any other advice or experience in submitting a (CPR Part 8) claim form, I'd very much appreciate it?

 

[UK Contractor Accountant]

Ok. It now looks like I have to go down the Court Order restoration route instead.

I know that it'd be best to use a solicitor service for this, but is it possible to submit the claim form (CPR Part 8) myself?

i.e. will they accept claim form if I'm NOT using a solicitor? Do I HAVE to use a solicitor?

P.S. I'm aware some might say that, 'If you have to ask, then you should be using a solicitor' but I would still like to know.

You do not need a solicitor to submit and defend the claim - see link below which may help you.

http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf

 

[David A]

I called the court, and they couldn't answer for liability reasons.

...

So if anyone on here has any other advice or experience in submitting a (CPR Part 8) claim form, I'd very much appreciate it?

Court staff will invariably, imo, avoid giving any answer - even when querying form filling. It allows their general incompetency to be hidden more effectively.

Part 8 is for court claims where there is no dispute of fact - so restoration will come under this.

You will need to write out a witness statement, refer to this in the particulars section, and state what you are asking the court to do.

This will cost you a £175 court fee, unless you are on benefits.

If you do have to pay, surely it would be cheaper and more efficient to start again, including opening a new bank account (for which you will get a period of free banking as well)?

 

[ElijahPaul]

Just an update. After filling in, and posting the claims form myself. The court has now issued the the claim form.

I now have to serve the form to the Registrar of Companies, and the Treasury Solicitor.

So far so good, (as in I haven't made any mistakes... Yet!)

Thanking everyone on here for their advice and suggestions thus far. It's a great help.

 

[arwadarwin]

Just an update. After filling in, and posting the claims form myself. The court has now issued the the claim form.

I now have to serve the form to the Registrar of Companies, and the Treasury Solicitor.

So far so good, (as in I haven't made any mistakes... Yet!)

Thanking everyone on here for their advice and suggestions thus far. It's a great help.

I am in a similar situation. Need to restore a company and would like to avoid using solicitors. How did you get on Elijah? Any help guidance on your part would be very much appreciated

 

[ElijahPaul]

I am in a similar situation. Need to restore a company and would like to avoid using solicitors. How did you get on Elijah? Any help guidance on your part would be very much appreciated

Hey. Sorry for the delayed reply. Everything went pretty smoothly actually. I'll post a bit later on with a few details of how the process went for me.