What happens if Company Struck off by Companies House

Discussion in 'Legal' started by Jezclayton, Feb 4, 2009.

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  1. Jezclayton

    Jezclayton UKBF Enthusiast

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    I and a number of other building trades are currently owed a substantial amount of money by a limited company.

    I notice from the Companies House register that the debtor company has not filed accounts which were due on 13th May 2008. Upon speaking to Companies House I understand that it is likely that moves are in place to strike the company off for failure to comply.

    1) If this happens, what happens to the monies owed to the various debtors?

    2) Companies house inform me that once the notice to strike off is issued I can file an objection, however the only way I will know that such notice has been filed is to check the register on a daily basis or alternatively buy the London Gazette every day. Is there an easier way of monitoring this, or can I file an objection in advance?

    3) Companies house are unable to tell me what period will elapse between serving notice and the striking off being affected. Is this right?

    Any advice would be appreciated.
     
    Posted: Feb 4, 2009 By: Jezclayton Member since: Mar 2, 2008
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  2. PFT

    PFT UKBF Regular

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    Jezclayton, when you are on the CH website, under the listing for said company, there is an option to monitor the company on the right hand side. Costs 50p per company, you'll receive an email within 48hrs of filings, alterations to status, etc...

    Well worth doing, as normal timescale for submissions to CH is minimum 90 days (or used to be), so plenty of time to lodge objection.
     
    Posted: Feb 4, 2009 By: PFT Member since: Jan 13, 2009
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    • Thanks Thanks x 1
  3. Jezclayton

    Jezclayton UKBF Enthusiast

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    That's really useful information to know, for which I thank you. I will certainly invest my 50p.

    Anyone know what happens to outstanding debts if a company is struck off?
     
    Posted: Feb 4, 2009 By: Jezclayton Member since: Mar 2, 2008
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  4. PFT

    PFT UKBF Regular

    146 30
    Well, if you are a creditor of the company, your objection will mean the strike off will be suspended, it is then up to you to petition the company for payment, either privately via moneyclaim/statutory demand or by solicitor.

    Don't forget that either route gives you the option to charge interest under late payment legislation.
     
    Posted: Feb 4, 2009 By: PFT Member since: Jan 13, 2009
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  5. Jezclayton

    Jezclayton UKBF Enthusiast

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    I understand what you are saying, but what about those debtors who might not know about the striking off order until it is too late.

    Can they still file a claim against a company that no longer exists on the register?
     
    Posted: Feb 4, 2009 By: Jezclayton Member since: Mar 2, 2008
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  6. PFT

    PFT UKBF Regular

    146 30
    Debtors would be delighted, as this means they don't have to pay the company attempting to be struck off. Think, however, you are confusing with creditors (companies that are owed money). It only takes one objection, say from yourself, to suspend the strike off. Then the procedures I highlighted above need to be actioned.

    You can apply to companies house after a company has been struck off, but this must be bac with an airtight paper trail, and will mean having to go through court prior to companies house.
     
    Posted: Feb 4, 2009 By: PFT Member since: Jan 13, 2009
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  7. Jezclayton

    Jezclayton UKBF Enthusiast

    535 67
    Yes you're right, I did mean creditors.

    Anyhow I have paid my 50p monitoring charge and also issued an LBA today, with a view to commencing proceedings next week.

    Thanks again for your help.
     
    Posted: Feb 4, 2009 By: Jezclayton Member since: Mar 2, 2008
    #7
  8. P47

    P47 UKBF Newcomer

    5 1
    Once the company is struck off it is dead and gone and you will not get any money from it.

    You can perhaps persue the directors is ther ehas bee "wrongful trading" but unless you are chasinh millions and they (and you) are very rich that is not to be recommended.
     
    Posted: Feb 5, 2009 By: P47 Member since: Feb 5, 2009
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  9. PFT

    PFT UKBF Regular

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    P47, it only takes a court order backed by evidence to apply to Companies House to restore a company that has been struck off. Should this evidence be enough to convince the High Court to accept the application to restore, it usually forms the basis for a wrongful trading claim, otherwise know as the gates to the minefield for directors.
     
    Posted: Feb 5, 2009 By: PFT Member since: Jan 13, 2009
    #9
  10. nickjohn

    nickjohn UKBF Newcomer

    6 0
    Hi, I am new to this forum and have just read your comments. I am in a similar position to Jez I am owed a lot of money from a company who started going into creditors voluntary insolvency but never paid the practitioner to do the work so they pulled out, they have done nothing since, not filed any accounts etc etc, companies house canot contact them and they are now proposing to strike them off.

    From what I have seen and heard this would result in the company being dissolved and save the directors paying out to close the company down.

    From the comments on the forum it would also mean creditors loose all their money and the directors walk away laughing.

    I don't have the funds to chase through the courts and know that if I do pursue them they would not fight it as they would let me close them down.

    It looks like the company are just having a good laugh and using companies house to do the work for them.

    The directors have moved house, closed their office, changed their mobile numbers and cancelled email accounts - hence companies house not being able to get a response from them.. I do know where one of them now lives and have found out the company has no money as he used it to pay off a rake of CCJ's...

    Is the law a complete ass or are there any steps we can take to bring the directors to taks and either get something from them or have them end up in jail.
     
    Posted: May 6, 2009 By: nickjohn Member since: May 6, 2009
    #10
  11. Williams lester

    Williams lester UKBF Legend

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    If you don't want to spend a lot of money chasing a (most likely) lost cause, just move on and in future review your credit policy and who you allow to buy goods & services from you without payment up front.
     
    Posted: May 6, 2009 By: Williams lester Member since: Oct 16, 2008
    #11
  12. nickjohn

    nickjohn UKBF Newcomer

    6 0
    Hi

    Thanks for the response, ultimately I have started to find the law is a complete ass where ltd companies are involved.

    I did do credit checks on the company before we started and it was all ok, they did the usual paid up front initially then stretched things a little then a little more etc etc.

    The work is in the construction business so delayed payments are not out of the normal..

    What did knack er us was that the company are project managers and a client paid this company money that should have come direct to us and then the company just held on to it and spent it, they admitted it should not have gone to them and that it was a clerical error but they still spent it...
     
    Posted: May 6, 2009 By: nickjohn Member since: May 6, 2009
    #12
  13. Williams lester

    Williams lester UKBF Legend

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    Surely if a client owes you money but pays it to a third party without your consent, then they still owe you this money? Can you not chase them for the payment?
     
    Posted: May 6, 2009 By: Williams lester Member since: Oct 16, 2008
    #13
  14. nickjohn

    nickjohn UKBF Newcomer

    6 0
    The client is vary wealthy and his response is he has paid for the work and its not his problem and that we should chase the other company, we feel he has shafted us as much as the other company. To chase him would cost a lot and we don't have it spare given the current economic climate.

    I even went to the police and their response was that as long as the company keep promising to repay me there is nothing they can do, however when the company closes they may consider looking at it..

    Its amazing how people can get you to do work and then just flat refuse to pay you and there is absolutely nothing you can do about it unless you have a bottomless pit for legal fees, and if you did have a bottomless pit for legal fees then what the hell would you be doing in the construction industry :)
     
    Posted: May 6, 2009 By: nickjohn Member since: May 6, 2009
    #14
  15. Williams lester

    Williams lester UKBF Legend

    2,096 343
    Can't see how he could possibly hope to win this though. You invoiced him...he has not paid you. Sounds simple to me!
     
    Posted: May 6, 2009 By: Williams lester Member since: Oct 16, 2008
    #15
  16. Quercus

    Quercus UKBF Newcomer

    1 0
    Just in case it's relevant, my company is owed circa £12k by a Limited Company who I have feared would liquidate before I got the chance to recover the funds.

    My lawyer has just noticed there is an error on their Purchase Orders - specifically that they have failed to put the word 'Limited' after their name, and have used an abbreviated form of their name instead of the Registered one.

    He has advised me that Section 349 of the Companies Act states that where a company fails to state their correct company name on such paperwork, the messengers (ie Directors) of the comapny leave themselves personally liable int he event of non-payment by the company they act for.

    If you're in this position, well worth checking the original orders. If their company details aren't stated correctly, it would make no difference to you if they have liquidated or been struck off - the Directors would remain liable in a personal capacity.
     
    Posted: Aug 29, 2009 By: Quercus Member since: Aug 29, 2009
    #16
  17. mahutchinson

    mahutchinson UKBF Ace

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    Message removed.
     
    Last edited: Sep 3, 2009
    Posted: Sep 3, 2009 By: mahutchinson Member since: Mar 17, 2008
    #17
  18. Heather09

    Heather09 UKBF Newcomer

    1 0
    I was hoping you could claify a couple of points for me.

    I am owed a sum of money from a previous employer, who stopped paying me. I have been through an employment tribunal and had the amount owed was awarded (my previous employer did not respond), and have also taken it through the courts to have this enforced (again with no response from previous employer).

    I have now received notification that the company has been struck off the company house register.

    Does this mean I now have no chance of ever seeing this money again? I assume the court order to pay the money isn't sufficent to get companies house to reinstate the company? Do I have any other option as its wages that are owed?

    Thanks for any help.
     
    Posted: Sep 10, 2009 By: Heather09 Member since: Sep 10, 2009
    #18
  19. Smallclaims

    Smallclaims UKBF Newcomer

    20 5
    If the company is struck off, then it ceases to exist. Any bank accounts it has are closed and frozen.

    It is normally struck off when it does not file an annual return.

    However, if the company has traded fraudulently, for example, trading in the knowledge it cannot pay its debts, then the Directors can be criminally responsible and made personally liable for the debts.

    Posted by Tony of Small Claims Ltd

    Send me a personel message if you need further help or contact me on 07956 486555
     
    Posted: Sep 12, 2009 By: Smallclaims Member since: May 7, 2009
    #19
  20. Mpg

    Mpg UKBF Legend

    1,494 281
    Hiya I have skipped to the end as its late

    I checked on a company that owes me money and CH had issued a first gazette(it gives the LTD 3 months notice )

    I then phoned CH and they said email in with my objections.

    I just emailed saying I am suing the ltd company and would prefer if they would hold off on dissolving the company they emailed back within 24 hrs saying ok. its on hold for 6 months if i need it extending i would need to have paperwork to prove i'm suing.

    The email address is the enquries one on their website


    Hope that helps
     
    Posted: Sep 23, 2009 By: Mpg Member since: Aug 18, 2009
    #20
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