Company applying for Voluntary Insolvency after we issued court proceedings

Discussion in 'Insolvency' started by TheScorpio, Jan 15, 2018.

  1. TheScorpio

    TheScorpio UKBF Newcomer Free Member

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    We know they have assets but depends if they have been transferred or at least properly.
     
    Posted: Feb 1, 2018 By: TheScorpio Member since: Mar 2, 2013
    #21
  2. Mr D

    Mr D UKBF Legend Free Member

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    So would you need to send someone to their old site?
     
    Posted: Feb 1, 2018 By: Mr D Member since: Feb 12, 2017
    #22
  3. TheScorpio

    TheScorpio UKBF Newcomer Free Member

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    No, just the new site on the outskirts of the city. We have confirmed they are in the new location, but they haven't changed anything online to show the new address, presumably to shake of potential creditors. They have then "involved" an IP but hasn't gone anywhere yet.
     
    Posted: Feb 1, 2018 By: TheScorpio Member since: Mar 2, 2013
    #23
  4. Mr D

    Mr D UKBF Legend Free Member

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    Anything to link new company and old company to each other?
     
    Posted: Feb 1, 2018 By: Mr D Member since: Feb 12, 2017
    #24
  5. TheScorpio

    TheScorpio UKBF Newcomer Free Member

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    Same unique apart of name (Different wording at the end), same directors, same type of business, same staff, using same equipment.
     
    Posted: Feb 1, 2018 By: TheScorpio Member since: Mar 2, 2013
    #25
  6. Mr D

    Mr D UKBF Legend Free Member

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    So could well be a new company on the level. Or not. And no way for you to investigate.
     
    Posted: Feb 1, 2018 By: Mr D Member since: Feb 12, 2017
    #26
  7. TheScorpio

    TheScorpio UKBF Newcomer Free Member

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    It all depends if they have transferred everything properly, this is what we were going to try for, but the late filing has stopped us as like mentioned above their system show the company "isnt trading" due to this.... Seems its so simple for people/companies to do this.
     
    Posted: Feb 2, 2018 By: TheScorpio Member since: Mar 2, 2013
    #27
  8. Newchodge

    Newchodge UKBF Big Shot Free Member

    9,314 2,370
    Why not just use a debt collection company?
     
    Posted: Feb 2, 2018 By: Newchodge Member since: Nov 8, 2012
    #28
  9. Mr D

    Mr D UKBF Legend Free Member

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    You could pay to wind the company up as is your right as a creditor but if it has no assets then it won't gain you anything you don't already have. Do you want to spend a few grand doing that so the company can be investigated by an IP?
     
    Posted: Feb 2, 2018 By: Mr D Member since: Feb 12, 2017
    #29
  10. Mr D

    Mr D UKBF Legend Free Member

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    The directors tell the debt collection company the company has ceased trading and has no assets.
    Debt collection company then passes file back to their customer. Can waste a few weeks that way but not sure anything can be achieved.
     
    Posted: Feb 2, 2018 By: Mr D Member since: Feb 12, 2017
    #30
  11. TheScorpio

    TheScorpio UKBF Newcomer Free Member

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    The company is already in the process, or "involved" an IP to send our initial letters, but nothing has materialised as of yet. Probably a time buying exercise, while we are trying to enforce but hitting road blocks.
     
    Posted: Feb 3, 2018 By: TheScorpio Member since: Mar 2, 2013
    #31
  12. Mr D

    Mr D UKBF Legend Free Member

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    So get your own IP involved rather than an IP chosen by the company. If they even use an IP themselves.
     
    Posted: Feb 3, 2018 By: Mr D Member since: Feb 12, 2017
    #32
  13. Lisa Thomas

    Lisa Thomas UKBF Enthusiast Free Member

    2,047 256
    Only the Directors can appoint an IP.

    For the creditor to do it they would need to pay a few thousand pounds to put the Company into Compulsory Liquidation through the Courts and then deal with the Official Receiver as initial Liquidator. Only after that can a creditor try and appoint their own choice of IP to replace the O.R.
     
    Posted: Feb 5, 2018 By: Lisa Thomas Member since: Apr 20, 2015
    #33