Second hand car dealer & small Claims court

[unclebulgaria67]

Are there any assets in the business to pay you ?

 

Can you oppose the strike off at companies house, due to your current court claim ?

 

Are there any other court claims or CCJ's against this company ? I believe you can check for CCJ's. If you find any, then it is probably not worth continuing.

[steampowered]

A DS01 is an application for a voluntary striking off. You should be aware of the following:

 

- Under section 1004 of the Companies Act (http://www.legislation.gov.uk/ukpga/2006/46/section/1004), it is a criminal offence to apply for a voluntary striking off if the company has traded in the past three months. The criminal offence is committed by the individual director who applies for the voluntary striking off.

 

- Under section 1003 of the Companies Act (http://www.legislation.gov.uk/ukpga/2006/46/section/1006), a copy of the DS01 must be given to any creditor of the company (which includes prospective creditors) within seven days. You are a creditor. Failure to do so is a criminal offence. The criminal offence is committed by the individual directors who fail to notify.

 

- If you go on the companies house beta website, you can download for free a copy of the DS01 application signed by the director for free. This form is on the public record. You can see that the form makes it very clear he is certifying that the situations in s1004 do not apply and that he was told about his duty to notify creditors.

 

- You may object to the dissolution of the company by emailing the Companies Registrar (read the guide at https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration-gp4#objecting-to-a-companys-dissolution).

 

- If the company had assets and is now being wound up, those assets should be used to pay creditors. If you can identify assets (such as cars or company premises) which are simply being moved into a new company, then you may proceed to sue the director personally, on the grounds that moving assets from the old company to the new company is a transaction defrauding creditors contrary to the Insolvency Act 1986 (see http://www.legislation.gov.uk/ukpga/1986/45/section/423).

 

You can object to the dissolution and write to the director who signed the DS01 stating the above, to add pressure.

 

I would say that whether it is worth paying the court fee to continue depends on whether you can identify company assets (e.g. cars) held under the old company, which you believe are being moved across to the new company. If the answer to that is yes, then I think it is worth continuing to get a CCJ against the old company. You could then try to enforce the CCJ and, if that fails, sue the individual director personally on the grounds that he has moved asets out of the company to defraud creditors based on the Insolvency Act provisions which deal with transactions defrauding creditors. On the other hand, if you cannot identify assets recently held by the old company, then I do not think it is worth proceeding.

[dx100uk]

threads merged

please keep to one thread

 

 

dx

[citizenB]

Is there an update on this one please ?

 

 

Did you go to court, if so, what was the outcome.