Ltd Company owing Employment Tribunal Award

[M44tty]

Out of pure curiosity can I just ask how can a company cease trading...yet the same directors start up a new company with exactly the same name?

 

[Newchodge]

Out of pure curiosity can I just ask how can a company cease trading...yet the same directors start up a new company with exactly the same name?

Have you checked Companies House?

 

[M44tty]

Have you checked Companies House?

Yes I've checked companies house in so far as:

The company I was dismissed by is still active yet they state they have ceased trading. But as I've said they are still actively advertising jobs, recruiting and carrying out work with the same directors (apart from one who has resigned).

Maybe I'm missing something but I don't understand how a company can claim to have ceased yet still carry on in this way?

 

[Newchodge]

Yes I've checked companies house in so far as:

The company I was dismissed by is still active yet they state they have ceased trading. But as I've said they are still actively advertising jobs, recruiting and carrying out work with the same directors (apart from one who has resigned).

Maybe I'm missing something but I don't understand how a company can claim to have ceased yet still carry on in this way?

They can claim whatever they want to claim. They can tell whatever lies they want to tell. The fact is in Companies House - they are still trading.

 

[M44tty]

They can claim whatever they want to claim. They can tell whatever lies they want to tell. The fact is in Companies House - they are still trading.

I agree totally and whilst yes I accept what others have said about it taking a bit of time for companies house to update their records when companies notify them of ceasing trading I think the fact this company is still recruiting, still working and all with same directors speaks volumes.

I see why other have said just let it run it's course etc but it's very hard to sit back and do nothing when owed what I feel is a substantial amount of money when the company is blatantly operating in a misleading way and nothing can be done. It just feels very unjust.

 

[Dave Boatman]

Have you checked whether the directors are also directors of other companies?
They may have formed a new company and if so will probably claim that any assets belong to the new company not the old one.

 

[M44tty]

Have you checked whether the directors are also directors of other companies?
They may have formed a new company and if so will probably claim that any assets belong to the new company not the old one.

Hi,

I've looked into the directors on company house and they have not created any new companies which was my concern that they might do pre pack administration and as you say sell/transfer assets. I'm guessing it doesn't stop them just claiming the don't have the available funds to pay though.

 

[Mr D]

They can claim whatever they want to claim. They can tell whatever lies they want to tell. The fact is in Companies House - they are still trading.

And they will continue to show that for quite some time yet until it is updated.

 

[Mr D]

Hi,

I've looked into the directors on company house and they have not created any new companies which was my concern that they might do pre pack administration and as you say sell/transfer assets. I'm guessing it doesn't stop them just claiming the don't have the available funds to pay though.

Not having available funds isn't a problem for you. The enforcement people will simply take goods and equipment to sell to cover the debt.

For some reason that often motivates people to quickly borrow money if they don't have the cash to hand.

 

[Mr D]

I agree totally and whilst yes I accept what others have said about it taking a bit of time for companies house to update their records when companies notify them of ceasing trading I think the fact this company is still recruiting, still working and all with same directors speaks volumes.

I see why other have said just let it run it's course etc but it's very hard to sit back and do nothing when owed what I feel is a substantial amount of money when the company is blatantly operating in a misleading way and nothing can be done. It just feels very unjust.

Its not - do nothing. Its wait for the action you have started to run its course.
Leave the professionals to do their job.

 

[Lisa Thomas]

Out of pure curiosity can I just ask how can a company cease trading...yet the same directors start up a new company with exactly the same name?

Individuals are entitled to be directors of as many companies as they want, unless they have been disqualified or are bankrupt. There is no limit.

However phoenix legislation does apply if the original company is Liquidated.