Wound up Company - unpaid invoice

gettingtheresometime · 12 April 2017 at 1:38PM

Not your usually query !

OH & I are directors, and sole shareholders, of a Ltd Co, inception date Feb 2016

However this Co has the same name as a previous Ltd Co of ours where by we again were the sole directors & shareholders but was wound up before the inception of our present Ltd.

Back in Sept 2016 it came to light that the old company was owed about £9k by another Ltd - this came to light following the submission of another Invoice. Since we've been back and fore submitted details of our insurances, bank details & company details.

I've just been told that the earlier invoice, owed to the wound up company won't be paid as its now wound up.

Is there anything I can use to force them to pay, especially as we were effectively sub contracted to provide the service and therefore would have drawn down our fee from the ultimate client

TIA

Pennywise · 12 April 2017 at 2:04PM

Your old company was the one owed the money. It's been wound up so any money owed to it is forfeit.

The fact that you've created a new company with the same name is completely irrelevant. In legal terms, it's the company number that gives it's legal existence, not it's name.

Your only option to recover the money is to have the old company reinstated at Companies House and then it can take legal steps to recover monies owed to it, but it can be a lengthy and costly process.

A hard lesson to learn - make sure that all company assets have been recovered before you start the winding up process!

gettingtheresometime · 12 April 2017 at 4:37PM

eggha wrote: »

as above, the old company is dead and its debtors died with it

I hope your reinvention using the same name was not to avoid creditors of the old company, after all closing down and immediately reopening is a well known tactic of some directors ?

Nope it wasn't anything dodgy & done all with the approval of hmrc etc

I might investigate the reinstating when I have 5 minutes!

Thanks anyway

antrobus · 12 April 2017 at 8:02PM

gettingtheresometime wrote: »

Nope it wasn't anything dodgy & done all with the approval of hmrc etc

I might investigate the reinstating when I have 5 minutes!

Thanks anyway

It can be done apparently. Administrative restoration costs £100. Otherwise you have to go to court.

Restore your dissolved company
https://www.gov.uk/restore-dissolved-company

unforeseen · 12 April 2017 at 8:05PM

Won't the new company having the same name as the old cause a problem with the re-instatement?

Vectis · 14 April 2017 at 2:44PM

You started the company in February last year and have shut it down within 12 months but opened a new company with the same name? Can I ask why you shut the previous company? And why are you using the same name?

Obviously you shut down the previous one in a bit of a hurry if you missed an invoice for £9,000. How on earth did that get overlooked?

Yes, you can restore a company but, to be honest, it does all sound a little suspicious. Are you in the same line of business now as you were with the previous company?

antrobus · 14 April 2017 at 3:34PM

unforeseen wrote: »

Won't the new company having the same name as the old cause a problem with the re-instatement?

Probably, but you can change the name of a company.
https://www.gov.uk/government/publications/change-a-company-name-nm01

Normally, what people do when in these circumstances, is recreate the old MSE Ltd as MSE (2017) Ltd, or MSE (UK) Ltd in order to avoid such confusion.

Wound up Company - unpaid invoice

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free