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Best route to take regarding striking off

Company applied to be struck off. Where do I stand as employee who is owed money

Hi. Sorry if this is not the right place to ask but I could use some advice if possible. 

So I was made redundant a couple of months ago and I am still owed redundancy. The company director has applied to have the business struck off at companies House. He did not inform me, I found out by looking on C/H website. I have asked my former boss about this. They are not a director of the business but the only person I have to contact. They were not happy i had found this out and eventually agreed they would personally cover the redundancy although refused to put this in writing so I'm not convinced about this. 

This is where is gets complicated the "boss" is the person who purchased the business but is has never been registered in his name because at the time he wasn't allowed to due to a former bad business although it has had close family members named but have since resigned. he has been the only one involved with the day to day running of the business. A few years passed and he was allowed to register a new company in his name and opened another shop elsewhere. Slowly all of the branding in my shop changed to the new company and we traded as the new company in everything except for the name at companies House. 

He says if I object to the strike off I won't get any money as the business doesn't have any. He can't afford liquidation. He says the new business is separate so he won't pay me from there . 

Luckily I had joined the union and have found out that between them and Acas they are planning a reconciliation meeting with the "boss". He has previously said it's nothing to do with him as he only works for the company. 

Any advice on which way I'm best to go? Can I link this business to the new business? Will the objection at companies house do me any good? Is it worth Acas going after him if the business is not in his name and doesn't have  any money? I do both and see what happens? Just so confused

I've tried to cover everything but it's all new to me so still trying to understand it all to. 

 

Thank you to anyone who can give any advice

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06th Aug 2018 22:26

It sounds like somebody has broken the law. If the amounts involved are significant you should contact a solicitor. A strongly worded letter from one could get your money very quickly.

This is an accounting forum, so not the right place to help you.

Thanks (1)
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By Nameles
to Tim Vane
07th Aug 2018 09:46

Thank you. I came across this site from a Google search. Someone had asked a similar question and got some good advice. You all seemed quite knowledgeable so I thought no harm in asking.

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By Livepay
07th Aug 2018 09:19

Try this site for your question https://www.ukbusinessforums.co.uk/

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By Nameles
to Livepay
07th Aug 2018 09:50

Thank you. Very helpful

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07th Aug 2018 09:24

While we can help with some of the ins and outs of the striking off procedure, it sounds like you already know the basics, the director has broken the rules by failing to inform you of the striking off and you have the option to object at Companies House.

The best course available to you now though is a legal question and, as Tim said, you need to ask elsewhere about that.

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By Nameles
to Duggimon
07th Aug 2018 09:51

Yes I have been looking into it as best I can. Thank you

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By Nameles
to Duggimon
07th Aug 2018 12:18

I do have a question regarding the striking off procedure if you don't mind.

I've read that if you apply to companies house to have a company reinstated then the director becomes personally liable for the debts. But this requires a court case. As they they have tried to strike the company off illegally by not informing me or other creditors and they have also been trading a month before they applied for the strike off. If I object the strike off could the director still become personally liable? Thank you

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