Wages Owed

Premier_2

MyRubyRed wrote: »

Wrong I'm afraid. The initial objection with the evidence you outline will defer the objection for probably 3 to 6 months but unless you then pay up Companies House will carry out the strike off, unless there is another biggger creditor who forces it (HRMC for example)

1. In what circumstances may a company apply to be struck off the register?
A company may apply to the registrar to be struck off the register and dissolved. The company can do this if it is no longer needed. For example, the directors may wish to retire and there is no one to take over from them; or it is a subsidiary whose name is no longer needed; or it was set up to exploit an idea that turned out not to be feasible.
This procedure is not an alternative to formal insolvency proceedings where these are appropriate. Even if the company is struck off and dissolved, creditors and others could apply for the company to be restored to the register. Further information about restoration can be found in chapter 3. A list of persons who can apply to the court for a company to be restored can be found in question 1 of chapter 3.

...

11. How and why can they object?



Objections or complaints must be in writing and sent to the registrar with any supporting evidence, such as copies of invoices that may prove the company is trading. Reasons could include:

• if the company has broken any of the conditions of its application for example, it has traded, changed its name or become subject to insolvency proceedings during the three-month period before the application, or afterwards;
• if the directors have not informed interested parties;
• if any of the declarations on the form are false;
• if some form of action is being taken, or is pending, to recover any money owed (such as a winding-up petition or action in a small claims court);
• if other legal action is being taken against the company;
• if the directors have wrongfully traded or committed a tax fraud or some other offence.

A full list of conditions can be found in sections 1004 and 1005 of the Companies Act 2006.
12. Offences and penalties



It is an offence:

• to apply when the company is ineligible for striking-off (see question 2);
• to provide false or misleading information in, or in support of, an application;
• not to copy the application to all relevant parties within seven days;
• not to withdraw application if the company becomes ineligible.

The offences attract a fine of up to a maximum of £5,000 on summary conviction (before a magistrates' court or Sheriff Court) or an unlimited fine on indictment (before a jury). If the directors breach the requirements to give a copy of the application to relevant parties and do so with the intention of concealing the application , they are also potentially liable to not only a fine but also up to seven years imprisonment. Anyone convicted of these offences may also be disqualified from being a director for up to 15 years.

http://www.companieshouse.gov.uk/about/gbhtml/gp4.shtml#ch1

It would be a hefty claim that cost £900 to file.
Mcol allows claims up to £100k for just £595 (with lower fees for lesser amounts)

MyRubyRed

I can only speak from actual experience. The claim was not hefty ....apart from the reduncy payment which the Redundancy Payment Scheme paid out on lt was a measly £1500 each for 4 blokes. Not a lot I know but enough to keep heads above water for a short while. As said I got them their basic redundancy but they were screwed for the rest. If you can tell me where I went wrong and/or provide another avenue I am all ears.