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MCOL in my favour against dissolved company that continues to trade


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Hi all

 

I would like to hear what people think of an MCOL found in my favour.

 

Brief history:

13/10/13 - Work completed for SHOW #7

14/02/14 - Request for judgement

08/10/14 - Warrant requested

18/11/14 - Company dissolved

29/11/14 - SHOW #15

28/02/15 - SHOW #16

23/05/15 - SHOW #17

28/09/15 - SHOW #18

28/11/15 - SHOW #19

06/03/16 - SHOW #20

25/06/16 - SHOW #21

 

It seems the director has used the limited company to absolve himself from any liability - including the debt owed to me.

 

I'd like to know what I can do, if anything? I expect there are more shows in the pipeline.

 

Thanks,

 

Tom

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Is he trading under the exact same name and as a limited company?

The usual trick is to change one letter at company house and start trading under this "new name".

Or, register as a completely different name but trade under the old name (I.e. Big Crook ltd trading as Massive Fraud).

Or he completely left the limited alone and he's now trading as a sole trader, partnership with same name but not as a limited company.

You could sue him directly for the sum awarded to you by the court if you think that you'll be able to breach the so called "corporate veil".

This happens when a director dissolves a company with the sole purpose of not paying debts, but keeps running the business as usual under a different name.

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Thanks, I read about piercing the corporate veil.

 

He's still operating under the same name owns the same website - I don't think a new company has been set up, think it's literally to avoid paying the debt / the warrant that was being executed at an address I had for him.

 

How would you go about doing this?

 

Thanks :)

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Thread moved to General Legal Issues.

 

Regards

 

Andy

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Start off by naming the company and the director, website and address

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Usually the director will not be personally liable for the company's debts and you are often stuck.

 

There are really two ways around this - the first is to try and find a basis for claiming against the director personally. This is difficult to do but it can be used where the director has used the company to commit fraud. If the company was dissolved you can sometimes find a basis for this as depending on the method used the director may have filed a solvency statement to the effect that all creditors have been paid.

 

Have a look at the documents filed by the director in relation to this company which are publicly available for free on the companies house beta website, and let us know what they say. Or you can name the company and we'll take a look for you ;)

 

The other approach is insolvency legislation. This generally relies on the dissolved company having had assets. When a company is closed down its assets are supposed to go to creditors (such as yourself). If the company had assets which the director simply transferred to himself or to a new company for less than market value without paying creditors, then you may have a basis for either having a liquidator/administrator appointed to review these or for pursuing the director personally under the Insolvency Act if that transfer was done with the intention of depriving creditors of access to that company's assets.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Name and shame the director and company. We should be able to track down more info.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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