Letter before action, where to send?

tobeloy

Hello

I am going to send a LBA (letter before action) however not sure where to send as the way the company is set up is why I am asking this next question.

The company owes me money, the chap who does the accounts and who issues a lot of work and who I mainly dealt with for work is listed as a secretary of the company (he was firstly a director along with his wife but resigned that position and is now just a secretary on the business information that I have seen online). His wife is still a director, the office they operate the business from is a different address to the registered business address which is his and wife's (director) home address.

Do I send the LBA to the offices, the registered business address / also home address or both? Do I address it to the person I had dealings with or the sole director or the actual company (his wife)?

I am disappointed to be issuing this LBA and knowing this chap and looking further ahead I can see this going to court.

Assuming I am awarded judgement in my favour I can see him digging his heels in as a matter of pride and going back to where the LBA is addressed to I assume will determine if that address or person(s) and any assets inside would be liable to cover the debt am I correct?


Appreciate any advice thanks

Aquamania

tobeloy wrote: »

Hello

I am going to send a LBA (letter before action) however not sure where to send as the way the company is set up is why I am asking this next question.

The company owes me money, the chap who does the accounts and who issues a lot of work and who I mainly dealt with for work is listed as a secretary of the company (he was firstly a director along with his wife but resigned that position and is now just a secretary on the business information that I have seen online). His wife is still a director, the office they operate the business from is a different address to the registered business address which is his and wife's (director) home address.

Do I send the LBA to the offices, the registered business address / also home address or both? Do I address it to the person I had dealings with or the sole director or the actual company (his wife)?

I am disappointed to be issuing this LBA and knowing this chap and looking further ahead I can see this going to court.

Assuming I am awarded judgement in my favour I can see him digging his heels in as a matter of pride and going back to where the LBA is addressed to I assume will determine if that address or person(s) and any assets inside would be liable to cover the debt am I correct?


Appreciate any advice thanks

As per my reply in your other thread on this matter
https://forums.moneysavingexpert.com/discussion/5565800

Aquamania wrote:

You have to pursue the legal entity that owes you the money.

If it's a limited company, then the safest address to use is the registered office address.

tobeloy

I do appreciate the advice you offered, I have since discovered the information I hd found about the business address was incorrect and after a search at Companies house it is registered to the offices address.

Worryingly I have also come across a letter filed in November and am now not sure what to do, the letter reads as follows with the business names removed


Companies Act 2006 (Section 1000(3))

The registrar of Companies gives notice that, unless cause is shown to the contrary, at the expiration of 2 months from the above date the name of XXXXXXXXXXXXX
will be struck off the register and the company will be dissolved.

Upon dissolution all property and rights vested in, or held in trust, for the company are deemed to be bona vacantia, and accordingly will belong to the crown.


I guess they are winding the company up, I discovered he is a director too as the info I previously viewed was incorrect, can I still go after him when the company is dissolved or is he immune?

Guest101

tobeloy wrote: »

I do appreciate the advice you offered, I have since discovered the information I hd found about the business address was incorrect and after a search at Companies house it is registered to the offices address.

Worryingly I have also come across a letter filed in November and am now not sure what to do, the letter reads as follows with the business names removed


Companies Act 2006 (Section 1000(3))

The registrar of Companies gives notice that, unless cause is shown to the contrary, at the expiration of 2 months from the above date the name of XXXXXXXXXXXXX
will be struck off the register and the company will be dissolved.

Upon dissolution all property and rights vested in, or held in trust, for the company are deemed to be bona vacantia, and accordingly will belong to the crown.


I guess they are winding the company up, I discovered he is a director too as the info I previously viewed was incorrect, can I still go after him when the company is dissolved or is he immune?

He doesn't owe you money, the company does. so not you cant pursue

Weave

If a limited company owes you money and is being dissolved then you can object to Companies House and stop the dissolution going through for now.


See this webpage (section 11) - https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration#objecting-to-a-companys-dissolution


It may be a case that the company is not voluntarily being struck off, it may be Companies house that has started the process for failure to file accounts or the confirmation statement on time.


How you object I am not sure as I do not believe there is form for this. Ring Companies House on 0303 1234500.


Regarding the LBA, for the cost of a recorded delivery stamp I would send it to both the registered address and the trading address and the directors listed service address if different. Address the letter to the company if that is who owes you the money.

redmalc

If they have decided to just stop trading and let the company be wound up there is nothing you can do other than going round to their offices and trying to snatch something you can attach a lien on to cover your debt.

Majestic12

Object to the striking off action.

Send the LBA to both the trading and registered address.

tobeloy

Hi everyone

After sending my letter before action I had a result and was paid in full, result so thank you for your help and advice :T