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Obtaining details of creditors opposing strike off

Investigating a company committing fraud. Want to speak to creditors opposing the company strike off

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If a director is trying to close his company down with outstanding debts and is blocked by a creditor(s), is there anyway for me as an investigator (and, therefore, a third party) to get in touch with those creditors to gather potential evidence and details of other victims? I'm assuming there will, of course, be data protection safeguards at Companies House. 

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By lesley.barnes
24th Jan 2021 11:52

I don't think there is any way of finding out who is objecting at Companies House unless you are a Director of the Company in question. The most likely objector will be HMRC but they rarely go all the way to having the Company placed in administration because of the cost v benefits. At that point you will get to find out who is owed money. I take it that the company either owes you money or a client. Is the Company regulated - if so have you contacted the regulator? Have you checked for CCJ's? Have you/your client raised an objection at Companies House? If so you will need to follow it up otherwise the strike off will go ahead. I'm sure someone who deals in insolvancy will be along to give you more info.

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Replying to lesley.barnes:
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By Auxilia
24th Jan 2021 17:37

Thanks, Lesley. I thought it unlikely that I could obtain details. Also, the company is not regulated. My client is not a creditor of this particular company but we are trying to build a case against the sole director who has closed several companies with outstanding debts. He also has about 12 unsatisfied CCJs against him. There are other factors that indicate fraud and I am trying to find others who have suffered loss through dealing with him.

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By Paul Crowley
24th Jan 2021 12:12

Co house only concerned with people who are owed money by the company.
I assume you do not know any such person

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Replying to Paul Crowley:
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By Auxilia
24th Jan 2021 17:38

That’s correct, Paul. I am trying to pool together those who have had dealings with him.

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By paul.benny
24th Jan 2021 16:07

Attempting to close down a company with outstanding debts isn't, of itself fraudulent. It may even be more honest/lawful than continuing to trade.

If you haven't already done so, you might to look at some of the government guidance on the subject, such as here: https://www.gov.uk/government/publications/options-when-a-company-is-ins....

If the amounts are large enough to justify your fees, there is likely to be an insolvency practitioner involved. They may be able to assist with your enquiries.

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Replying to paul.benny:
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By Auxilia
24th Jan 2021 17:49

Thanks, Paul. There are factors that indicate fraudulent intent and a pattern to the director’s many failed companies, CCJs etc. I’m trying to trace others who may also have suffered so I can build a stronger case. I’m doing this pro bono now as my client is a working man who has lost a great deal to this guy and he is presenting himself as running a community interest company; which it is not.

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Replying to Auxilia:
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By Cheshire
24th Jan 2021 17:54

Half the facts = half an answer.

You stated earlier that the company is not regulated.

Now you say he is running a CIC.

There is a regulator for CICs. If your man has proof of wrongdoing, he could make a complaint to them.

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Replying to Cheshire:
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By Auxilia
24th Jan 2021 18:25

Hi Cheshire. Trying to describe a complex case in a paragraph is challenging. By regulated, I understood the contributor to mean in respect of regulated financial activities (i.e FCA) and answered accordingly. The CIC issue is in hand. My question at the outset, with which you can hopefully help, was concerned with the possibility of obtaining details of creditors of a ‘to be struck off’ company.

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By frankfx
24th Jan 2021 19:13

Your client may want to advise Insolvency Service.

Also see if there is scope to take legal action against Director .

Serial defaulters have a habit and method of staying below radar.

An Insolvency Practitioner may suggest some remedies, that may not recover funds but may get director disqualified.

And some emotional satisfaction for your client.

Justice and fair play come at great cost.

Has the director operated in the same sector and geographical area.?
Are other " victims" likely to have lost meaningful sums of money?

It is possible that local solicitors have been approached on this matter.

May be worth a punt writing to solicitors ..... some thing may surface

Again this is all in the hunt for justice!

Wish you every success

Let us know how you get on

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Replying to frankfx:
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By Auxilia
24th Jan 2021 19:41

Many thanks, frankfx. To get the director disqualified would be a welcome result as I’m not optimistic about recovering funds for the victims. Disqualification would potentially hit him hard as he has put himself on a pedestal in the community. Your suggestion re local solicitors is a good one as all his serial defaulting had been in one town. Thanks also for your best wishes.

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By paul.benny
25th Jan 2021 08:55

You may find useful information at Companies House regarding the liabilities of companies your director has run.

Note that subtly different names may (accidentally or deliberately) result in separate records for the same individual.

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Replying to paul.benny:
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By Auxilia
25th Jan 2021 12:23

Thanks, Paul, and you’re correct. I have researched CH and his other former companies. At least one was struck off and the following day he incorporated a ‘new company’ with the same name but just one digit changed (‘Phoenix’?).

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Replying to Auxilia:
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By JD
27th Jan 2021 21:20

Would they not be in breach of section 216, use of the same or similar name.

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Replying to JD:
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By Auxilia
27th Jan 2021 21:29

There are many cases of incorporation abuse with this individual, JD, including this ‘Phoenix’ type of action. All are being collated and reported.

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By bernard michael
25th Jan 2021 11:11

What trade is the company in ??

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Replying to bernard michael:
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By Auxilia
25th Jan 2021 12:24

The SIC is 74909 - Other professional, scientific and technical activities not elsewhere classified. It is actually concerned with organising community events, especially festivals.

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Replying to Auxilia:
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By bernard michael
25th Jan 2021 12:35

Auxilia wrote:

The SIC is 74909 - Other professional, scientific and technical activities not elsewhere classified. It is actually concerned with organising community events, especially festivals.

I assume your friend has taken the company to court.

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Replying to bernard michael:
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By Auxilia
25th Jan 2021 13:33

We are preparing a case at the moment. My client is not a current creditor, hence my initial question, but has suffered in dealings with this director previously. He is aware that he is defrauding others and wants to prevent others suffering in the same way.

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By Kaylee100
25th Jan 2021 12:59

Take a look using google at things like Trust Pilot reviews etc. Even Facebook/Twitter etc if you can get into their page (although its possible on there they could delete stuff). If they traded in one location look and see if that town has a Facebook moaners group and search company name.

Its possible if there are people annoyed with the company there will be some sort of trace online in full view somewhere, if you are forensic enough and have the time.

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Replying to Kaylee100:
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By Auxilia
25th Jan 2021 13:27

Hi Kaylee. Thanks for the suggestion. A deep dive into the web, social media etc is an excellent idea.

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By geoffmw1
27th Jan 2021 10:48

in view of what you say about this person it seems to me that naming him or her is a means of spreading info that might hinder his or her future operations and perhaps bring about the intention implied by your question

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By geoffmw1
27th Jan 2021 10:48

in view of what you say about this person it seems to me that naming him or her is a means of spreading info that might hinder his or her future operations and perhaps bring about the intention implied by your question

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Replying to geoffmw1:
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By Auxilia
27th Jan 2021 11:26

Thanks, Geoff. We are looking at all options and have already made a report to police (we are not hopeful of help there). Outing this guy in the local press where he operates is on the cards and something we have prepared for. Hopefully, that will bring out other victims as well.

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