Limited Company Claims

[andrew1]

hi there and thanks for the reply

 

the property sale has just gone through so my folks still have the business bank accounts opened in their names

 

no the company wasn't worth anything when it was sold

they raided their savings took out loans, refinanced the property and their house to keep the company going but this was to keep cash flow going not just to pay bank charges but the charges sure didn't help matters

 

In that case then I'd imagine they can raise the claim in their name. Did they take loans out in the company name or pay any of their own money identifiably into the company account? It just helps in substantiating their claim if they need to. You'll probably find, if you can do it fairly soon that it'll go through and they can take it out if the account is still open.

[bolli]

Hi

I have three Ltd business accounts at court stage with the RBS.

The same day I filed in the small claims I received a letter from RBS offering me full refund for two of the accounts (no interest or court fees). However the cqs are in company name which has since closed. I am still trying to get the cqs re issued as I have made the claims in my name until this happens I will see them in court.

 

I received a letter from Cobbetts to lift the Stays on business accounts!!

 

So far yesterday judgment was entered against one claim as there was no defence so this should now get interesting!! Another claim is due to be heared on 19th Nov I have my court bundle ready and this is one of the accounts they have already offered me a refund!! so will now go for full costs. The third still waiting for court day.

[bolli]

Hi can any one help with some advice

I had a limited company which has since closed. I claimed back the interest on this account and the RBS sent me a cheque for the full amount in the company name. I phoned them and told them i wanted the the cheque made out in my name as the court case was issued in my own name. They said they would do that if I sent the cheque back.This I did and since then they are refusing to issue the cheque in my name as they have found out the account has been closed. I now have no cheque what can I do???? Help!!!!!!!!!!!

[andrew1]

Hi Bolli, sounds like you shot yourself in the foot a bit. As the Limited company has since closed you would really need to show that the money was yours to have. Can you explain as to what happened to the company ie: did it go into liquidation with creditors or did you just shut it down without debt? Were you sole director.

 

What I am getting at is that a company is an entity in itself and the bank would be wrong to pay a cheque to a lone individual for fairly obvious reasons. If the company went into liquidation then the charges ( with one or two exceptions which I'll come back to) would belong to the creditors for distribution by the liquidator.

 

However, if you'd had charges and you personally had guaranteed an overdraft to cover those charges then you could argue that the monies belong to you personally and ask them to pay you.

 

perhaps you could explain the circumstances behind closing the account before we speculate further.

[bolli]

Hi Andrew

 

I was the sole director and i closed the company without debt i also personally guaranteed the account. When the account was finally paid off (as it was in overdraft to the tune of sum £11k) it was me who personally had to reach a financial settlement to prevent any legal action by the bank against me.

 

The bank's solicitors are now defending the claim on the basis that i have made the claim in my name (not the company) and therefore such a claim is invalid.

 

Do i have any case to pursue in my name as currently being claimed ?

 

I am now at the allocation questionaire stage

[GuidoT]

Hi can any one help with some advice

I had a limited company which has since closed. I claimed back the interest on this account and the RBS sent me a cheque for the full amount in the company name. I phoned them and told them i wanted the the cheque made out in my name as the court case was issued in my own name. They said they would do that if I sent the cheque back.This I did and since then they are refusing to issue the cheque in my name as they have found out the account has been closed. I now have no cheque what can I do???? Help!!!!!!!!!!!

 

Please do not post your question more on more than one thread.

 

You should post your questions on your own thread, if you do not have one you should start one.

[bolli]

Sorry did not think limited company claim was still active. I will stick to this one. As i mentioned before the bank,s solicitors are now defending the claim on the basis that i made the claim in my name (not the company) and therefore such a cliam is invalid. Do I have a case to pursue in my name as currently being claimed ?

[andrew1]

Hi Andrew

 

I was the sole director and i closed the company without debt i also personally guaranteed the account. When the account was finally paid off (as it was in overdraft to the tune of sum £11k) it was me who personally had to reach a financial settlement to prevent any legal action by the bank against me.

 

The bank's solicitors are now defending the claim on the basis that i have made the claim in my name (not the company) and therefore such a claim is invalid.

 

Do i have any case to pursue in my name as currently being claimed ?

 

I am now at the allocation questionaire stage

 

 

Bolli, was your overdraft of £11k settled as a 'full and final settlement' and how much did you settle for?

 

You are entitled to claim this back for yourself if you can prove you personally supported the overdraft and repaid the balance to the bank from your own resources. The overdraft would not have existed had their charges not been levied. I would write back to the solicitors and point this out to them and continue with your claim. It would have been a different story if you had other Directors and/or a liquidation with creditors, but as sole Director and personally settling the overdraft you would In my opinion be entitled to reclaim this for yourself. The problem with companies is that once they are disolved the company is dead in the water, that's why they have taken this stance. If you have borrowed to repay this overdraft you would have the evidence to show this too. Good luck

[christain]

hi need some advise? put in a claim for business charges in my name last year, the case was stayed, can any one advise wot to do from here/

stayed 15-08-2007

will there be a problem in the fact that its in my name and not the companies,

i explained to the judge that it was a business account not personnal but he just stayed it any way.

[andrew1]

Can you expand upon the details of why you put the claim in your name? Was this a Limited Company - company dissolved/liquidated - a bit of history would help..

[christain]

Can you expand upon the details of why you put the claim in your name? Was this a Limited Company - company dissolved/liquidated - a bit of history would help..

The reson for claiming in my name is becasue the company bank account was closed, so thats why its in my name ,yes its ltd, at the moment the company is domement but not dissolved tx

[andrew1]

If it's a Ltd Company then I doubt that you would be able to claim as an individual and get monies paid to you personally unless you could demonstrate that your own monies went into the business to prop up the business when the charges were accrued. It's difficult to see what you are doing with the basic information you are providing. Why was the bank account closed for example?

 

Some Judges are putting on stays for business accounts despite the OFT stating that business accounts are exempt - although I really haven't been keeping up to date on that situation TBH. You might like to take a scan over some of the posts here:http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-58.html#post1442312

 

where there's been a lot more postings about companies in general than on this thread.

[christain]

If it's a Ltd Company then I doubt that you would be able to claim as an individual and get monies paid to you personally unless you could demonstrate that your own monies went into the business to prop up the business when the charges were accrued. It's difficult to see what you are doing with the basic information you are providing. Why was the bank account closed for example?

 

Some Judges are putting on stays for business accounts despite the OFT stating that business accounts are exempt - although I really haven't been keeping up to date on that situation TBH. You might like to take a scan over some of the posts here:http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-58.html#post1442312

 

where there's been a lot more postings about companies in general than on this thread.

hi andrew the reason for closing the bank account was to dissolve the company tx

[andrew1]

hi andrew the reason for closing the bank account was to dissolve the company tx

 

"yes its ltd, at the moment the company is domement but not dissolved"

 

 

Not quite sure what you mean here Christian, what exactly do you mean by 'dissolved'?

[christain]

"yes its ltd, at the moment the company is domement but not dissolved"

 

 

Not quite sure what you mean here Christian, what exactly do you mean by 'dissolved'?

hi andrew just ceased trading and de-registered at companies house i had no debts and i was not liquidated tx

[andrew1]

hi andrew just ceased trading and de-registered at companies house i had no debts and i was not liquidated tx

 

So it's not even Dormant ? Is it registered at Companies House as a Dormant Company?

 

I take it the company ran up charges and an overdraft before you closed it down then. But before any bank can pay you out you will have to convince the court you put the money into it to cover the charges to get the money personally, otherwise you'd have to open an account again in that company name and bank any charges repaid.

 

On that other thread I posted above there are people who have claimed on closed accounts.. I'd go across there if I were you and see what you can find.

 

Good luck

[toys19]

Hi Sorry to be so useless, I have search and cannot find the guide for LTD co claiming, I want to claim back some unpaid dd fees and unauthrised OD charges from Abbey.

Thanks

[christain]

So it's not even Dormant ? Is it registered at Companies House as a Dormant Company?

 

I take it the company ran up charges and an overdraft before you closed it down then. But before any bank can pay you out you will have to convince the court you put the money into it to cover the charges to get the money personally, otherwise you'd have to open an account again in that company name and bank any charges repaid.

 

On that other thread I posted above there are people who have claimed on closed accounts.. I'd go across there if I were you and see what you can find.

 

Good luck

hi andrew I got a reply from the natwest about my business account "The bank understands that the company is now dissolved .In these circumstances, the bank is not in a position to offer a refund. The bank will therefore be closing its records in relation to your claim. I put over 10,00 in and never got that back also when i closed the comany i owed no-one but never got my loan back please advise

[GuidoT]

Hi Sorry to be so useless, I have search and cannot find the guide for LTD co claiming, I want to claim back some unpaid dd fees and unauthrised OD charges from Abbey.

Thanks

 

Business Claims Generally