Current Outstanding Judgement; Company Strike off

Awaiting payment for company that has now applied to strike off

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Hi there,

I am not completly clued up on these matters so apologies if anything below sounds incorrect;

I purchased a dodgy car a few years ago from a dealership; they refused to refund me and it went to court in May 22. It was awarded in my favour and payment was never made to me.

I realised after that they had changed directors of the company and also added added another limited company to the address, so I knew this would make things difficult if I issued a warrant of control. The other limited company has a very similar name ie "Dodgy Cars Limited" was where I purchased the car from and "Dodgy Cars Limited 1" is the additional company name. Above the door of the business today however, "Dodgy Cars" is still as it is displayed. 

I have now been alerted that they have submitted a DS01 to strike the company off from Companies House so I wrote a letter infroming them I am an intrested party and I would object unless payment is received within 14 days. This was received by them 6 days ago now ( 7 being tomorrow) and I have not even been sent a copy of the DS01 from them, which I know is their obligation. Aware they have a day but I find this unlikley given their track record so far. With this in mind I may be getting ahead of myself but I of course want to get my ducks in a row. 

So my first question, I know to send the objection to companies house I need to show I am actively persuing the debt within the last 6 months; would the letter sent 7 days ago suffice or would I need to start further action against them? 

If it needs to be legal action, would a Order to obtain information suffice, or would this need to be a warrant of control. 

Ill be honest, do I expect to get money from them, no. Do I want to make things a bit more difficult, and if possible stop the company closure, yes. Especially when their final words when asking for the refund were (in brief) " we know the law and you wont stop us". 

Something that I have considered looking at their accounts is I believe they have transferred assests over to the new limited company. I can only presumme this is completley legal but I dont know the full ins and outs of what is allowed in these situations. 

I am just a person acting on their own with little legal or accounting knowledge so I dont want to keep throwing good money after bad, but if it is just simply the £59 fee and price to serve the notice, OR £110 for the bailiff and the chance it will stop the business closing, make their life awkward, and HOPEFULLY push them to have to liquidate/be investigated, it feels like money well spent as I am quite confident the company has not acted correctly in their dealings. 

Of course if doing any of this wont work, and they can simply keep applying to strike off the business, then I feel maybe time to give up. 

Thanks in advance for any advice you can give me. 

Replies (5)

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By Leywood
05th Apr 2023 15:38

Not an accounting question. It’s a legal one. Send your letter to companies house to pause the strike off.

Go to CAB to get some free legal advice.

Thanks (1)
Replying to Leywood:
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By sajo91
05th Apr 2023 15:48

Apologies if this was the wrong place to ask; I could just see similar questions in the forum from my search on Google, although these were quite outdated and understand things have probably changed in the 7+ years since. I also believed I will be up against advice given to them by there accountant so I hoped I could get an insight :).

Thank you for taking the time to read and respond to me it is appreciated and I will certainly speak to CAB.

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Replying to sajo91:
RLI
By lionofludesch
05th Apr 2023 17:07

sajo91 wrote:

Apologies if this was the wrong place to ask; I could just see similar questions in the forum from my search on Google, although these were quite outdated and understand things have probably changed in the 7+ years since. I also believed I will be up against advice given to them by there accountant so I hoped I could get an insight :).

Thank you for taking the time to read and respond to me it is appreciated and I will certainly speak to CAB.

Legal questions are asked on here all the time. I've no idea why. It's like asking an electrician to service your gas fire.

Get yourself to a solicitor who'll give you a free introductory hour. But, if the company has applied for strike off, I'm guessing that it doesn't have any funds to pay you or anyone else.

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Lisa Thomas
By Lisa Thomas - Insolvency Practitioner
06th Apr 2023 12:33

Hello

FYI You might get a better response from the legal section of the UK Business Forum.

To throw in my two pence worth, assuming the company doesn't have any assets, paying to send in the CEO's/Bailiff's will be pointless.

The only way to really get in there and see what's happened and potentially go after directors for misconduct and/or recover any assets transferred illegally would be to pay to put the company into liquidation and let the liquidator do their work.

That will cost you thousands and even if there is a recovery, after payment of the liquidation costs and preferential and secured creditors, any dividend available would have to be shared between you and the other unsecured creditors.

You could complain here if you think the old co has illegally transferred assets to the newco etc but I doubt it will go very far:

https://www.gov.uk/complain-company

Sorry to be such a pessimist!

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By Tax is always taxing
06th Apr 2023 13:34

(Not withstanding the good advice above re some free legal advice)

Pretty bleak i'm afraid - You have probably already caused yourself more inconvenience with trying to follow this up than you will now ever mange to cause them. The company not being struck off will have no impact on them, they will in all likelihood just ignore it - it will eventually die its own death.

Good luck.

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