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    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
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ukdeveloper

Company owes me money closing down and starting up again

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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.

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Sadly goes on everyday

 

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

Then go enforce it via HCEO's


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

 

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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

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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.

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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.

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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.

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