Limited Company Ceased Trading

[cookiemonster99]

Hi,

If a Limited Company has ceased trading in June of 2023, with a DS01 strike off filed at the same time, if a customer from before then gets in touch with a possible issue with their job (roofing project) what are their options? Is there anything they can do to the limited company to get money back or is the ceased limited co obliged to put something right?

The strike off was objected to by the bank as they had a bounce back loan - which we understand is about to be written off and the strike off objection removed.

Thanks in advance

 

[intheTRADE]

Is the issue with actual the work carried out by the company or the materials used?

 

[cookiemonster99]

I believe the customer thinks the problem is with the work rather than the products used but the Directors think his issue is somewhere else on the property.

 

[Newchodge]

The company is not trading and has no money. I suggest any claim is dead unless it can be transferred to manufacturers of products used.

 

[ChrisCallaghan]

The customer could cause the directors some unwanted headaches. With the company still legally in existence, the customer could go for a CCJ then escalate it to HCEO, aka bailiffs.

You could argue it'd be pointless, but bailiffs can visit directors home address and cause unwanted stress or pressure.

@cookiemonster99 is this your company? How much is the claim?

 

[cookiemonster99]

not my business no, I was asked for advice to which I didn’t know the answer. I think the project was something like £4K approx but don’t quote me on that.

As far as I know there is nothing public with the Directors details? How would this be a possibility as it is a limited company surely the customers contract is with the Limited co not a director personally?

 

[ChrisCallaghan]

Customer would go for the CCJ against the company, and bailiffs are entitled to visit directors home addresses if the company is still legally active. Collections companies have good track and trace teams, so not usually hard to locate a director's home. They can only look to remove assets belonging to the company, but it's a hassle most would prefer to avoid.

All of the above is worst case scenario - the customer may not bother going to such lengths.

Seeing as this director has already unsuccessfully tried to close their company once before, perhaps its time for them to consider closing it more formally through a liquidation? Do you know if they have previously spoken to an insolvency practice?

 

[Lisa Thomas]

Yes, unless and until the company is dissolved or put through an insolvency procedure, the customer has all the options to start a claim against the company and potential recovery proceedings.

Might be a case for insurance.