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voluntary strike-off - Claim form

goods imported , held at port health , shipping company in UK claiming full dumarage and rent

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I had a small company turn over in 2019 / 20 less than 2000 GBP , we import goods to UK ( food) and sell it whole sale ( this is a start up ) I have an agent in UK and who introduced me to a agent in the country of orgin ( exporter ) , we placed our 3rd order , which is 2CBM ( value 1000 £ ) , when shipment arrived in the UK port health had interest in one of the items and stopped the container , ( the forwarder in the country of orgin had sent it as a consolidated combined shipment in a 40 FT container ) We were expecting the goods one month before the date it arrived , ( obviousely goods did get delayed at country of orgin ) the goods were stuck at port health for a long time ( according to my clearing agent it was due to the season ) sudenly afterabout 6 weeks the shipping company in UK raised me for a 6 K invoice claiming dumarage and rent ( which had no breakdown or rate per day ) i disputed the invoice , as i had no warning about these charges , and this is beyond my LTD company. I had no dealing with this shipping company up until this point, ( i assume i have no agreement with them ) my shipper or the forwarder in the country of orgin also didnt warn about these charges prior to shipping , my cargo was comparitively small . on the other hand we had no stock in had to sell , we were acuumulating cost we go to a point we had to call it a day with the business as we have no stock to sell and the cargo didnt arrive. so we decided to go for a voluntary strike-off. the port health decided to destroy one item which they said may not be imported to the UK. shipping company asked me to clear the balance goods . which i did as they were claiming for more charges and dumpped the goods at a storage , at this point im not trading, then the shipping compnay in the uk approcached me for the earlier invoice i said we have no money to pay we can only give the goods or value afrer disposing them. now after couple months i have received a claim form for my company , we are not trading , what should i do ,

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Scalloway Castle
By scalloway
13th Apr 2021 13:29

I would post this on the Insolvency section of UK Business Forums. You will find advice from business owners and insolvency practicioners who will be much better able to deal with this. This forum is used by accountants who may not have the experience you need.

https://www.ukbusinessforums.co.uk/forums/insolvency.163/

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Lisa Thomas
By Insolvency Practitioner
13th Apr 2021 13:36

Hi

What assets does the Company have, to include any overdrawn director loan accounts.

What creditors does the company have?

Thank you

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Replying to Insolvency Practitioner:
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By DomTra
13th Apr 2021 13:53

The Last imported goods , valued 1000 £ borrowing from directors aprox 1000 £ , payable to the supplier 600 £

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Replying to DomTra:
Lisa Thomas
By Insolvency Practitioner
13th Apr 2021 14:12

I'm not sure if the Director Loan Account is a debt or a credit based on your wording.

If it relates to a loan from the Company to the director, then it would seem to me, if the Director repays their debt to the Company, the Company can afford to pay its supplier?

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Replying to Insolvency Practitioner:
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By DomTra
13th Apr 2021 14:17

Thanks , The company owes the director 1000 £

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Replying to DomTra:
Lisa Thomas
By Insolvency Practitioner
13th Apr 2021 14:30

Options appear to be:

1. Do nothing. the creditors cannot Liquidate unless their debt is over £750. They could commence recovery proceedings like instructing bailiffs etc, having first obtained a CCJ.

Companies House will eventually strike the Company off for non filing of statutory returns.

2. Try and strike the company off yourself after giving notice to creditors.

See here for details:

https://www.gov.uk/strike-off-your-company-from-companies-register

3. Pay to Liquidate the Company, either via Court or voluntarily via an Insolvency Practitioner.

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Red Leader
By Red Leader
13th Apr 2021 14:17

Good luck everyone.

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By frankfx
13th Apr 2021 16:22

Out of interest.

Does any one know if the shipping delays and costs could have been covered by insurance, affordable or otherwise.

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Replying to frankfx:
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By DomTra
13th Apr 2021 16:56

i did not have a business insurance , but im assuming shipping companies do insure the cargo , again this was not given to me as an option , so im a bit blinded , they had been in touch with my clearing agent up until they raised me the invoice which was after 6 weeks

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