Court Form for a dissolved company

[DJB_90]

Hi all,

I’ve just received a court form for a dissolved company. The company stopped trading last year and got struck off at the beginning of August. The court form is dated to 28/8/24, what should I do?
The form was addressed to the company, not to me personally. Do I need to respond if the company is dissolved?
Any help appreciated!

 

[Newchodge]

Check on Companies House that it has been dissolved, then send the form back to the court with an unsigned note saying company dissolved on [date].

 

[Frank the Insurance guy]

If it has been dissolved, technically it no longer exists. You then have 2 options - ignore it as it has nothing to do with you, or notify the court the company has been dissolved.

 

[Gyumri]

It sounds like an interesting scam. If you ignore it then the scammer can obtain a default judgment and harass you with bailiffs etc.

It costs a mere £100 to restore a company to the register and when that happens: "If the application is successful, the Registrar of Companies will confirm the company has been successfully restored and it will be deemed to have continued in existence, as though it had not been dissolved or struck off."

 

[eteb3]

It costs a mere £100 to restore a company to the register

???

Restore your dissolved company

Restore a company to the Company Register - administrative restoration, deadlines, fees and forms

www.gov.uk

https://www.gov.uk/claiming-money-or-property-from-dissolved-company/restore-company-court-order

 

[Lisa Thomas]

I'm assuming the 'court form' has been lodged by a creditor?

Did the directors follow the dissolution procedure properly?

I think a creditor would need to obtain a court order to restore the company, Gyumri?

OP - In any event it would make sense, even though technically you have no authority regarding the company any more, to notify the court that the company is dissolved and stop this in its tracks.

 

[Michael Loveridge]

It sounds like an interesting scam. If you ignore it then the scammer can obtain a default judgment and harass you with bailiffs etc.

It costs a mere £100 to restore a company to the register and when that happens: "If the application is successful, the Registrar of Companies will confirm the company has been successfully restored and it will be deemed to have continued in existence, as though it had not been dissolved or struck off."

It's extremely unlikely you'll be harassed by bailiffs, as after the default judgment is obtained the creditor will almost certainly discover the company's been dissolved and abandon the claim.

Even if they're too stupid to realise this and go through the rigmarole of transferring the judgment to the High Court for enforcement the bailiffs would check the company's status before arranging a visit, discover the company had been dissolved, and return the case to the creditor as a nulla bona (no goods to seize).

It costs a lot more than £100 to have a company restored, and why would a creditor even bother to do so, as the company would have no assets that could be enforced against?

 

[Lee Green]

It's extremely unlikely you'll be harassed by bailiffs, as after the default judgment is obtained the creditor will almost certainly discover the company's been dissolved and abandon the claim.

Even if they're too stupid to realise this and go through the rigmarole of transferring the judgment to the High Court for enforcement the bailiffs would check the company's status before arranging a visit, discover the company had been dissolved, and return the case to the creditor as a nulla bona (no goods to seize).

It costs a lot more than £100 to have a company restored, and why would a creditor even bother to do so, as the company would have no assets that could be enforced against?

There are loads of companies that are struck off where the directors would be concerned if they were subsequently restored to the register and wound up. It seems no end of people think that a strike off is a good way of closing down their insolvent companies, where there has been bounce back loan abuse or unpaid director loan accounts.

I've been appointed Liquidator of companies which were previously dissolved and have then been successful in bringing action against the directors/and or third parties.

 

[Porky]

Interesting, on a similar thought...

What happens if creditors meeting called, CVL started, company to be dissolved in process and out of the woodwork pops a creditor not initially identified at the time of the creditors meeting?

Could that new creditor insist on the process starting again, even if it was clear no possible chance of recovery of the debt?

 

[Lisa Thomas]

The company does not get dissolved until after the liquidation has finished. If the creditor rears their head post dissolution I believe they would have to apply for the company to be reinstated. I don't think that would automatically reinstate the liquidator as they would no longer be in office.

 

[Porky]

Thanks @Lisa Thomas thats useful to know
Pork’s