strike off suspended

strike off suspended

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I am owed money by a company. The directors have moved house and the company has ceased trading. The company has filed a DS01 and an objection appears to have been lodged I guess by HMRC knowing that it still owes tax. My questions are 1. Can I & is there any point in also lodging an objection as well. My thinking is if they pay HMRC then they will also then have to pay me. 2. The annual return is outstanding (Should have been filed 28/2/14). If this isn't received will Companies House eventually wind up the company even though objections have been made? Is there any action I can take against the directors? The debt is not huge but it would still be nice to receive.

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By johngroganjga
09th Apr 2014 12:47

Yes to protect your interests you should object as well - in case HMRC withdraw their objection.

Companies House can't strike off the company in the face of objections.

But in the meantime of course you should pursue collection of your debt through the normal channels.   

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By johngroganjga
09th Apr 2014 16:39

Well if Companies House have a legal right to ignore objections then so be it, but I am surprised.

I accept that perhaps I should have said "won't" instead of "can't".

But in practice of course they usually do not ignore objections.  So objecting is not a waste of time.

As a matter of interest do Companies House not have a duty of care towards those who lodge objections to striking off?   If a creditor who lodges an objection to striking off and because his objection is ignored by CH lose his right to recover his debt, which he can show would have been recovered but for the striking off, surely if there is any justice in the world he is entitled to recover his losses from CH. 

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By stevebaker22
11th Apr 2014 16:12

Thanks, I have lodged an objection as I have got nothing to lose.

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Scalloway Castle
By scalloway
11th Apr 2014 16:58

Companies House expect creditors to take action

Such as appointing a liquidator to wind the company up formally. They don't like dead companies lying around for ever.

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By zebaa
11th Apr 2014 17:14

Often what happens is a case like the one before us is HMRC object to the first strike off attempt but then loose interest when it become clear there is no money to be had. The company is killed off later by Co house. Stevebaker22 might want to think how much he would be willing to spend & the likely return before lodging an objection. I have never known of an objection alone being anything other than waste of time.

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