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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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Martin Kay's memorial fund - now closed. Total about £3000. Thank you


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Done, from both Michael and me. (real names ok)

 

Donated, please feel free to use my real name Emma Fahie ( nee Garnham) condolences to Martin's family x

 

Donated, sorry it's not much.

 

Received. Thank you

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Done

Received - thank you

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Done

 

Done, Fine to use real name - Paul W

 

Received.

Thank you

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Done. This site was my light in a very dark place. Hope Martin continues to kick arse! x

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Done, please leave my real name off.

 

Out if interest, as Martin's Mum's address is given, and it is likely she'll be at the funeral : please ensure someone is at her address during those periods, so that no scrote will think "ohh, that address will be empty and open to rob"

 

Sadly, its not unheard of for people to get back from a funeral to find they've been robbed. Some lowlifes have no respect / decency. Whilst I don't think any CAG regulars might, its an open website, and anyone "just passing through" can see the details.

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It's not his mum's address showing - it's the church address - St Mary's Lowe House that is on the announcement.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Done. RIP Martin.

 

pls leave real name out, thanks.

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Done, please leave my real name off.

 

Out if interest, as Martin's Mum's address is given, and it is likely she'll be at the funeral : please ensure someone is at her address during those periods, so that no scrote will think "ohh, that address will be empty and open to rob"

 

Sadly, its not unheard of for people to get back from a funeral to find they've been robbed. Some lowlifes have no respect / decency. Whilst I don't think any CAG regulars might, its an open website, and anyone "just passing through" can see the details.

 

It's not his mum's address showing - it's the church address - St Mary's Lowe House that is on the announcement.

 

Yes, it is the church address that is showing.

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Thanks for everything mate.

Received. Thanks

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It's not his mum's address showing - it's the church address - St Mary's Lowe House that is on the announcement.

 

Thanks for the reassurance and sorry to have raised false concerns : I didn't realise its the Church address.

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Done. We need more like Martin.

Yes we do.

 

Received - thanks

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Donation made in memory of a fine man.

 

Martin, RIP

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Donation made in memory of a fine man.

 

Martin, RIP

 

A small donation but huge thanks to Martin

 

Both received. Thank you

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Sincere condolences to all Martins Family and Friends .Donation Done ,with pleasure. Best wishes.

received - Thanks

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