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Company in Administration then reappears....
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ds1791
Posts: 16 Forumite
Can anyone of you highly knowledgeable peeps offer me some advice please.
The names of company and goods I've just left out for ease of explaining but if necessary I can raise the game.
On 31st May 2009 we bought a product from Company via internet website, we paid on visa debit card. Confirmation of the payment was received by sagepay.:)
After waiting until 9th June 2009 and not hearing anything we decided to chase up the Company for an update as to where our order was. We could not contact them on the telephone and so sent an email, the email response from the Company was eventually received on the 15th June 2009 stating they were experiencing difficulties between their accounts dept and their suppliers and as such a full refund would be processed through.
With hearing nothing for a period of time we tried contacting Company via telephone but no reply so sent another email on the 23rd June 2009 with regards an update for the full refund of which the email response we received was (drum roll for the inevitable!) the fact Company were now in administration and they passed on details of the Administration Company._pale_
We promptly contacted the administrators on the 23rd June (immediately after receiving the email) giving full details of monies outstanding. The Administrators confirmed the Company were in their hands and explained they would be in touch via post shortly to request further details and explained that payments by debit card (as per ours) would indicate their appointment and prospects of a return of monies outstanding. A letter from the Administration company arrived within their stated seven days requesting details of the payment and transaction, all of this information was duly passed on and returned to the Administrators.
We have heard nothing in any form of response from the Administrators and so emailed on 3rd Sept and 19th Oct with no reply, since then we have telephoned and, no disrespect to the receptionist as they are earning a crust as we all are, is that my details are taken and the Administrator will return the call. This has gone on since Jan 2010.
To be honest we called the whole thing quits and accepted our errors of not paying by credit card for the protection BUT then...................
This is the part which really grinds us :mad:, on the 20th March 2010 we receive an email from what is the original company but now titled slightly different (well it is we feel exactly the same company) the address is the same, the phone number has changed but the company number remains the same. Their old website is still up and running and immediately redirects to the new name but the products and stock is exactly the same. I don't honestly know how they have the audacity to send a email out.
In hindsight the credit card would have been better, but in more hindsight once bitten twice shy and I'll only be buying from where and when I can actually put my hands on the goods there and then.
I have been in touch with Consumer Direct and I did not receive what I would class as substantial advice, other than to write to both the new company and the Administrators via recorded mail expressing my thoughts. If I have not heard anything from the Administrators prior to this I doubt I'll hear anything now and I feel its unlikely I'll hear anything from the new (but old) company other than denial.
Who can I complain to with regards that surely the company cannot return to life after what had originally occurred just under a slightly new name, the distinct lack of communication from the Administrators. More so can I make a claim against anything in terms of the new (but old) company or is it the fact all monies are now wiped and cleaned and so I don't have a leg to stand on?
The names of company and goods I've just left out for ease of explaining but if necessary I can raise the game.
On 31st May 2009 we bought a product from Company via internet website, we paid on visa debit card. Confirmation of the payment was received by sagepay.:)
After waiting until 9th June 2009 and not hearing anything we decided to chase up the Company for an update as to where our order was. We could not contact them on the telephone and so sent an email, the email response from the Company was eventually received on the 15th June 2009 stating they were experiencing difficulties between their accounts dept and their suppliers and as such a full refund would be processed through.
With hearing nothing for a period of time we tried contacting Company via telephone but no reply so sent another email on the 23rd June 2009 with regards an update for the full refund of which the email response we received was (drum roll for the inevitable!) the fact Company were now in administration and they passed on details of the Administration Company._pale_
We promptly contacted the administrators on the 23rd June (immediately after receiving the email) giving full details of monies outstanding. The Administrators confirmed the Company were in their hands and explained they would be in touch via post shortly to request further details and explained that payments by debit card (as per ours) would indicate their appointment and prospects of a return of monies outstanding. A letter from the Administration company arrived within their stated seven days requesting details of the payment and transaction, all of this information was duly passed on and returned to the Administrators.
We have heard nothing in any form of response from the Administrators and so emailed on 3rd Sept and 19th Oct with no reply, since then we have telephoned and, no disrespect to the receptionist as they are earning a crust as we all are, is that my details are taken and the Administrator will return the call. This has gone on since Jan 2010.
To be honest we called the whole thing quits and accepted our errors of not paying by credit card for the protection BUT then...................
This is the part which really grinds us :mad:, on the 20th March 2010 we receive an email from what is the original company but now titled slightly different (well it is we feel exactly the same company) the address is the same, the phone number has changed but the company number remains the same. Their old website is still up and running and immediately redirects to the new name but the products and stock is exactly the same. I don't honestly know how they have the audacity to send a email out.
In hindsight the credit card would have been better, but in more hindsight once bitten twice shy and I'll only be buying from where and when I can actually put my hands on the goods there and then.
I have been in touch with Consumer Direct and I did not receive what I would class as substantial advice, other than to write to both the new company and the Administrators via recorded mail expressing my thoughts. If I have not heard anything from the Administrators prior to this I doubt I'll hear anything now and I feel its unlikely I'll hear anything from the new (but old) company other than denial.
Who can I complain to with regards that surely the company cannot return to life after what had originally occurred just under a slightly new name, the distinct lack of communication from the Administrators. More so can I make a claim against anything in terms of the new (but old) company or is it the fact all monies are now wiped and cleaned and so I don't have a leg to stand on?
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Comments
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Is it the same company that is still trading? The Company Registration number will be the same if it is.0
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We believe it is the same people trading but arguably under a different guise.
Is there anyway to check the previous company registration number?
I can see the current registration number.
When we look on their old web site it links directly to their new website.
The address is exactly the same the name of the company has changed very slightly0 -
We believe it is the same people trading but arguably under a different guise.
Is there anyway to check the previous company registration number?
I can see the current registration number.
When we look on their old web site it links directly to their new website.
The address is exactly the same the name of the company has changed very slightly
It doesn't make any difference what the address is or who the people running it are.
Have a look at Companies House's Webcheck - www.companieshouse.gov.uk to see what the status of the company is.0 -
Thanks Equaliser, I've checked on the Companies House's Webcheck the following is shown (I've blanked out the name of the company just for now);
Name & Registered Office:
SXXXXXXXN XXXXXXXXX XXXXXXXXX LIMITED
3 XXXXXXX XXXXX
XXXXXXXX XXXXXX XXXXX XXXXXXXX XXXX
XXXXXXXXE
NORTH XXXXXXXXX
XXX XXX
Company No. 0XXXXXX
Status: Active
Date of Incorporation: 24/10/2008
Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
XXXX - Retail sale of textiles
Accounting Reference Date: 31/03
Last Accounts Made Up To: (NO ACCOUNTS FILED)
Next Accounts Due: 24/07/2010
Last Return Made Up To: 24/10/2009
Next Return Due: 21/11/2010
Last Members List: 24/10/2009
Previous Names:
Date of change 07/04/2009
Previous name: XXXX XXX LIMITED
This address is different to that shown where the shop is located.
As I'm only reading this simply, does this mean then that its still the same company?0 -
I can't tell if it is the same company. however, it has been around since 2008 and is "Active" (i.e. NOT in administration).0
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Please excuse my ignorance of business accumen Equaliser but what would I need to show or prove it is the same company, other than the info above.
I could pm you with the company number and company name details if that helps you.
PS I really appreciate you sharing your knowledge, thanks.0 -
PM'd you Equaliser0
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Just jumping ahead a little here, but if it does turn out to be the same company then what are my rights in terms of getting money returned :think:0
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Just jumping ahead a little here, but if it does turn out to be the same company then what are my rights in terms of getting money returned :think:
It is not unknown for directors of a company to purchase the assets of a company in administration and continue trading. If that is the case here then your chances of getting any money back is virtually zero."The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
Just jumping ahead a little here, but if it does turn out to be the same company then what are my rights in terms of getting money returned :think:
If is is a different company, albeit with same address and same people, then in my opinion you have no chance of getting your money back.
So, if these people have any sense, it will be a different company... this is how these people protect themselves from creditors.0
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