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sushi-lover

Company Law...Moved from Howard Cohen Thread..

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i recently had dealings with Howard Cohen through Lewis Debt Group, and Im unsure that things have been done appropriately.

 

I am a director of a dormant company, we have never traded due to my serious illness but as I am recovering and its reversible I wanted to keep the interlectual property so I have a business in the future.

Due to unforseen circumstances... hospitalisation etc etc (coma) I was unable to file my dormant accounts with companies hse and have a late filing penalty

 

It was passed to Lewis Debt services who demanded £75 per month. bearing in mind I am in receipt of benefits, my company is worthless plus I have personal debts of £30k I made an offer of £40 which I knew I could afford. To cut a long story short it got passed to HC and I made the same offer which they admit they recieved but decided to take me to county

court anyway.

 

I now have to pay less that I offered... £10 per month have a judgement against my company and have to pay costs, (which I think I can get back)

All this for a company that has never traded

 

I accepted the claim because I did wrong and didnt file... but can the court seize my personal goods against my company which is Limited as has just been threatened?

 

I hope i have given enough information

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I accepted the claim because I did wrong and didnt file... but can the court seize my personal goods against my company which is Limited as has just been threatened?

 

I hope i have given enough information

 

Not unless they have prosecuted YOU personally, which they can do. Have you filed yet?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I accepted the claim because I did wrong and didnt file...

 

I hope i have given enough information

 

 

How long ago are we talking about here? and did you appeal?

 

Extract from Companies House:-

 

3. Can I appeal?

You may appeal against a penalty but it will only be successful if you can show that the circumstances are exceptional.

 

4. What is exceptional?

The Registrar has very limited discretion not to collect a penalty. It may be applied when an unforeseen catastrophe strikes a company at a critical time. This might include, for example, a personal tragedy affecting a sole director immediately before a filing deadline or a fire destroying records a few days before the time allowed runs out. The Registrar may also apply discretion if a mistake by Companies House has contributed to the late filing. The limited nature of the Registrar's discretion underwent a Judicial Review in 2002. To see a full copy of the ruling please click on the attached link, The Queen upon the application of (1) POW Trust and (2) Al's Bar and Restaurant v (1) The Chief Executive and Registrar of Companies and (2) The Secretary of State for Trade and Industry (December 2002).

 

 

FULL DETAILS CAN BE FOUND HERE:-

http://www.companieshouse.gov.uk/infoAndGuide/faq/lateFilingAppeal.shtml

 

I would suggest that you being hospitalised in a coma could amount to exceptional circumstances.

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If you were ill at the time, you have an outstanding chance of winning an appeal, as MA said. However, if you were long-term ill, you may not win.

 

There is case guidance from Companies House which I have attached. To win an appeal, you almost literally have to be near death or very ill at the time the accounts should have been filed! There is very little leeway, and they apply the rules stringently.

 

Have a read and see where you fit in. I've just been through something similar - you may want to ask a mod to hive this off as a new thread.

appealsManual.pdf


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thankyou all

 

I appealed but companies house said that I could have still filed as my illness was ongoing and I should have anticipated it as it was severe asthma which resulted in respiratory failure...i already had the asthma you see. (it wasnt unforseen)

 

I have filed now and it was for two years ago accounts.

 

DonkeyB they have only prosecuted my company, not me personally.

 

I explained I didnt have an issue paying the fine but only at a rate that I could...the bully boy tactics of the debt collecting agencies have been unreasonable and have resulted in the CCJ which will cause problems in the future.

 

all they kept suggesting was that I disolved the company so i didnt have to pay, but i want to keep the interllectual property for the future.

 

just a question...I sent my personal financial to the judge to assess the repayment. The company has no assets...so are their findings, assessments and ultimately the CCJ correct...my company has been given a CCJ based on the director's personal finances

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I appealed but companies house said that I could have still filed as my illness was ongoing and I should have anticipated it as it was severe asthma which resulted in respiratory failure...i already had the asthma you see. (it wasnt unforseen)

 

 

I too have severe asthma which very frequently leads to exacerbations, and I finish up hospitalised, how I wish I could foresee these exacerbations, that way I could plan things around them, like holidays, house moves, tax returns etc. You have my sympathy. I think it is diabolical that they have taken all that legal action against you, and you finish up paying less. I had the same problem with Egg, they took me to Court to try and get more out of me, but the Judge directed I pay only a nominal sum, which was considerably less than I offered and a massive reduction on what they wanted, but I've still finished up with a CCJ.

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Companies House has provision for payment of fines in instalments - check the website.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thanks DonkeyB however Ive been down that route already

they wanted £75 per month. Im on Income Support and I couldnt do it, they had no flexibility even when I explained it was a non trading company

 

Then their bully boys Lewis Debt Services forced me into an agreement and when I offered £40 they refused.

 

So Howard Cohen took up the case and as I explained ignored my offer and took me to court.

The court deemed that I could afford £10 per month.

 

That is my personal income and expenditures and not the company's

 

Im just wondering if Howard Cohen have acted wrongly in making me responsible for the companies debts as it a Ltd company and then the CCJ might be thrown out.

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I too have severe asthma which very frequently leads to exacerbations, and I finish up hospitalised, how I wish I could foresee these exacerbations, that way I could plan things around them, like holidays, house moves, tax returns etc. You have my sympathy. I think it is diabolical that they have taken all that legal action against you, and you finish up paying less. I had the same problem with Egg, they took me to Court to try and get more out of me, but the Judge directed I pay only a nominal sum, which was considerably less than I offered and a massive reduction on what they wanted, but I've still finished up with a CCJ.

 

Thanks Mightyacorn. My asthma is triggered by stress only...so as you can imagine its flared up now.

Im just irritated with the CCJ as you say when I have been as cooperative as I can.

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if the company has never traded and if they have prosectuted the company they often offer to dissolve the company

 

as a new company only costs around £35 to set up- just apply to have it struck off and the fine will go with it

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if the company has never traded and if they have prosectuted the company they often offer to dissolve the company

 

as a new company only costs around £35 to set up- just apply to have it struck off and the fine will go with it

 

 

If the CCJ is against the company and not you, that would seem to be the bext course of action, dissolve the company and start a fresh one. If it is the name you are trying to protect, when you start your new company, you just need to add something like (UK) to it, so that Sushi-Lover Ltd, becomes Sushi-Lover (UK) Ltd., that way the debt and the CCJ go with it.

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Thank you so much everybody. Some really helpful information.starting afresh sounds like the best idea all round.

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I'm just wondering if Howard Cohen have acted wrongly in making me responsible for the companies debts as it a Ltd company and then the CCJ might be thrown out.

 

How have you ended up with a personal CCJ for a debt incurred by a limited company? Something isn't right there, provided I remember correctly the liability for late filing penalties never passes on to the director. Though the director can face criminal proceedings for failing to submit accounts on time.

 

What is the IP you are trying to protect? If it's just the name then you don't have anything to protect, as the limited company name means nothing in that regard especially when it has never traded. Plus seeing as the company has never traded I can't see how any other IP could be in its name.

 

You need to dissolve the limited company ASAP. Ring up Companies House and they'll help you with it and then the debt will be gone forever - you'll feel a whole lot better when that happens. I wouldn't rush in to getting a new limited company either, make sure you're ready and can handle the responsibility as if you can't it can get very messy - a lot worse than it is at the present for you.

 

If the CCJ is in your name you need to fight that as well. Just post the details here (in a new thread would be better with a link to it from this thread) and we can advise you on what to do.

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i need to double check but i am sure that penalties for late filing can be levied levied against the directors of the company personally

 

however if this is indeed the case- companies house would first have to issue the fine against the director concerned

 

i am sure that one issued against the company cannot be used to obtain a ccj against a director personally

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Hi Blueboy987, the CCJ is not for me personally but Howard Cohen insisted on having my personal finance details to work out the repayment in the court...the company has no assets. They said as did lewis debts that I was resonsible. I have just checked the judgement and its not for the director of the company, or my name but the company itself.

 

re the IP. I have the dot com and didnt want to lose the company name or someone else have it if I gave it up.

The company also owes me money from directors loans etc so presumably I would lose those too.

 

Thankyou to you and Diddydicky for your imput

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Hi Blueboy987, the CCJ is not for me personally but Howard Cohen insisted on having my personal finance details to work out the repayment in the court...the company has no assets. They said as did lewis debts that I was resonsible. I have just checked the judgement and its not for the director of the company, or my name but the company itself.

 

re the IP. I have the dot com and didnt want to lose the company name or someone else have it if I gave it up.

The company also owes me money from directors loans etc so presumably I would lose those too.

 

Thankyou to you and Diddydicky for your imput

 

It shouldn't affect the dot.com address, that is something different. As regards your company name as I said befoer you can always add (UK) or (NorthWest) etc. I think you'll find that no one else can use it as it would be a re-instatement and it costs a lot of money to do that, plus who is going to start a company in a name which already has a CCJ to it's name?

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i think you will find that if your company is struck off or dissolved - the same directors cannot start a new company which incorporates any part of the original name of the first company

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i think you will find that if your company is struck off or dissolved - the same directors cannot start a new company which incorporates any part of the original name of the first company

 

I think you'll find that only only applies if the Company is an existing Company:-

 

Guidance - incorporation and names (GP1)

 

I'm no expert on Company Law, but I have dissolved a company (because it wasn't trading) and started a new one by adding NW without problem.

 

http://www.companieshouse.gov.uk/about/pdf/gp4.pdf

 

Without sounding condescending or without wishing to offend anyone, I don't think we should be discussing Company Law on this thread which is about Howard Cohen and friends.

 

Sushi-lover can I ask you to start a new thread please where we can discuss your problem without detracting from this thread's theme.

Edited by Mightyacorn

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As requested I have moved this thread to here. Hope its the right place.

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Quote:

Originally Posted by diddydicky viewpost.gif

i think you will find that if your company is struck off or dissolved - the same directors cannot start a new company which incorporates any part of the original name of the first company

 

I think you'll find that only only applies if the Company is an existing Company:-

 

Guidance - incorporation and names (GP1)

 

I'm no expert on Company Law, but I have dissolved a company (because it wasn't trading) and started a new one by adding NW without problem.

 

http://www.companieshouse.gov.uk/about/pdf/gp4.pdf

 

Without sounding condescending or without wishing to offend anyone, I don't think we should be discussing Company Law on this thread which is about Howard Cohen and friends.

 

Sushi-lover can I ask you to start a new thread please where we can discuss your problem without detracting from this thread's theme.

__________________

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

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Quote:

Originally Posted by diddydicky viewpost.gif

i think you will find that if your company is struck off or dissolved - the same directors cannot start a new company which incorporates any part of the original name of the first company

 

I think you'll find that only only applies if the Company is an existing Company:-

 

Guidance - incorporation and names (GP1)

 

I'm no expert on Company Law, but I have dissolved a company (because it wasn't trading) and started a new one by adding NW without problem.

 

http://www.companieshouse.gov.uk/about/pdf/gp4.pdf

 

Without sounding condescending or without wishing to offend anyone, I don't think we should be discussing Company Law on this thread which is about Howard Cohen and friends.

 

Sushi-lover can I ask you to start a new thread please where we can discuss your problem without detracting from this thread's theme.

__________________

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

 

 

probably because YOU dissolved it without any outstanding denbts

 

different to if it is struck off (including by companies house for failing to submit accounts or returns)

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Hi everyone, Thanks for the replies....Ive been offline due to no internet

To update you, I have decided just to pay the fine per month because I just cant face the aggro of them chasing me as director for the money. its given me abit of time to decide whether to dissolve the company etc etc as I have other problems to deal with first

thanks everyone for their imput...x

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