Company owes me money closing down and starting up again

[ukdeveloper]

I run a small limited company.

 

I am owed just under 15K from another limited company. Lets call them ABC Design Ltd. The money due to me has only just become due, and I have emails from the director saying stuff like don't you worry me ol china you'll get your money etc.

 

However, I have just found out that ABC Design Ltd is about to close down and another company ABC Design 2 Limited is about to open with a member of ABC Design Ltd staff as director of ABC Design 2 Ltd.

 

In fact the director of ABC Design 2 Ltd was the person who signed the contract I have with ABC Design Ltd.

 

I know by the time i sue them, they will have gone bust, but is there anything I can do with regards to reporting them to someone as the clearly doesn't seem right and although ABC Design 2 Ltd has a new "front runner" the company will be run by the same people as ABC Design Ltd

 

Sorry if this is posted in the wrong section.

 

UKD.

[dx100uk]

Sadly goes on everyday

 

Get a judgement against the known (same) person in both co. Names

Then go enforce it via HCEO's

[ukdeveloper]

Sadly goes on everyday

 

Get a judgement against the known (same) person in both co. Names

Then go enforce it via HCEO's

 

What i should have probably mentioned is that the person who signed my contract in company 1, is just a worker in company 1.

 

But a director in company 2

 

Although she is the daughter of the director of company 1

[ericsbrother]

did the director of the company make the contract in his name or was it more general? He appears to be giving a personal guarantee so I would be holding him to it. If it is the individual you can still sue them personally but you will need to read very carefully what you agreed to. If verbal contract you will probably lose as the burden of proof will have to be better than 50/50 by a fair bit but the emails wil probably support you to some extent.

[ukdeveloper]

did the director of the company make the contract in his name or was it more general? He appears to be giving a personal guarantee so I would be holding him to it. If it is the individual you can still sue them personally but you will need to read very carefully what you agreed to. If verbal contract you will probably lose as the burden of proof will have to be better than 50/50 by a fair bit but the emails wil probably support you to some extent.

 

hmm ok let me be a little clearer.

 

At company 1 i dealt with "Bob", who I assumed was a director of the company. He was assisted by Sue.

 

Bob makes ALL the decisions in this company.

 

Sue signed my contract.

 

Ive found out that Bob resigned as a director last year, so in effect has no authority within the company.

 

The director of Company 1 is "Brenda" and she handles the accounts for Company 1 (although unofficially i assume as she also has her own company).

 

Brenda is Sues mum.

 

names changed to protect the guilty.

[king12345]

You can notify companies house of your opposition to closing the company within 3 months from their application to struck the company off.

That way you will have more time to sort this out.

Regarding your contract, read it properly and check that it's been done in the ltd company name.

The word "limited" or "ltd" must appear in the contract, otherwise the person signing it is personally responsible: Been there, done it, got the t-shirt.

If the contract is with the ltd company you can still sue the director of the company 1 and if ever in a court room, explain that all 3 characters are related.

The judge won't be sympathetic with a family shutting down a company full of debts only to open another one with same name, in the same premises and basically continuing the defunct company's business.

Before you start court proceedings, you need to find out if they have any personal assets.

Usually these shady characters own nothing and they live well beyond their means, so suing them would just be a waste of time and money.