Proving a Company went in to administration for a section 75 claim.

BigJimmy85

does anyone know how i can find and prove a company went in to administration. my CC provider is asking for proof, i did have a letter to say they went in to administration but I'm struggling to find it anywhere.

but do i actually need to provide this to them?? surely they have more details & authority to find this out, if they just need a letter in theory I could make my own letter next time I make a large purchase and send it to them and claim my money back even though the company is still trading.

dj1471

https://www.gov.uk/find-out-if-a-company-is-in-financial-trouble

eskbanker

Surely the test is whether the company is still trading or not, rather than administration (through which it can remain trading)? Personally I'd start at the company website, the Companies House site and a thorough search on the internet, at least one of which should give indications of the fate of the company....

eddddy

BigJimmy85 wrote: »

surely they have more details & authority to find this out,

Perhaps if you gave them a lot of details they could - like full registered name of the company, registration number, name and contact details for the administrators.

But if you've had a letter from the administrators, all that info will probably be in it. So it's easier for you just to send them a copy of the letter.

BigJimmy85 wrote: »

if they just need a letter in theory I could make my own letter next time I make a large purchase and send it to them and claim my money back even though the company is still trading.

That would be fraud - which is a criminal offence.

And I suspect they would use the details from the letter to contact the administrators, and make other checks.

chattychappy

eskbanker wrote: »

Surely the test is whether the company is still trading or not, rather than administration

Agreed, but in a sense the test isn't even that. S75 just refers to breach of contract or misrepresentation - and this is what you have to prove. A company not trading or in administration isn't a pre-condition to the OP having a valid claim.

The OP hasn't given us the details but I suppose one situation where it might be important is in the case if anticipatory breach - ie the company was going to provide some sort of service in the future so whilst the breach hasn't happened yet, it is clear from the situation that there is little prospect of performance.

In these situations, I would always cooperate with the CC insofar as their requests are not to onerous to comply with, but wouldn't hesitate to issue a county court claim if they kick up too much dust. You can still negotiate after issuing the claim, but if they don't play ball it becomes for a judge to decide what is, and what is not reasonable for you to have to prove.