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    • I don't know much about this area of law but what you are saying about the continuation of a restored company makes perfect sense. I can scarcely imagine that it is any other way. How much money are we talking about here?
    • I'm having the same difficulty working out why @simeon1964 posted #32 without any explanation (again!) as to why it was posted.
    • as such there isnt one.  but that DN says 28 daya, should state a date in the format dd/mm/yyyy   and no IP address of signup PC either. lowells lose so many times on these issues 
    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
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ppi help


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HI,can a bank use ppi that i have reclaimed back successfuly, to reduce the loan amount, or can i demand that it is paid into my current account. All payments on loan up to date and none missed?

Edited by splitenz
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they can only take arrears the rest should go to you direct via your choice of payment.

 

you also need to be aware of the offsetting banking rule.

 

i'e if you get it paid into the same banks name a/c they can take the money out without your consent or agreement.

 

state you wanted paid by cheque.

 

dx

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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