Dissolving Company...

leedom

Evening all

Sorry if this has been covered previously:

Long story short - I raised a claim in the Small Claims Court against a car garage due to work not done (but said it was) on my engine. They failed to respond and I have now asked for a CCJ.

Checked their website and....yes you guessed it, it is no longer active and a further check on Companies House and they have applied for the company to be dissolved (Company is a PLC) on 21 Jan 19.


Is my claim now dead and buried or is there something that can still be done as the company is not yet dissolved?

Many thanks

agrinnall

https://www.gov.uk/object-to-a-limited-company-being-struck-off

leedom

Many thanks, will get onto that tomorrow!

Ectophile

But you won't get very far if the company now has no assets left.

Castle

Did you pay by credit or debit card?

davidmcn

Ectophile wrote: »

But you won't get very far if the company now has no assets left.

Indeed - if it's in the process of being dissolved I would presume it already has zero assets. Merely keeping it on the register isn't going to help.

steampowered

If the company is being dissolved purely to avoid creditors, and assets are simply being moved into a different company, you can raise a small claim against the responsible directors personally on the basis of s243 of the Insolvency Act 1986 which deals with transactions defrauding creditors (https://www.legislation.gov.uk/ukpga/1986/45/section/423).

leedom

I doubt I will get anywhere, I am not 'lucky' like that!


I have been attempting to get a refund/action from a garage since last year and they applied to dissolve on 27 January but I didn't put a claim to small claims court until end of February, they didn't respond (of course) and so I did the CCJ thing (but they are dissolving), I have now sent the objection and it was acknowledged but also said if I suspect they will dissolve before the 14 days hey have to respond to the objection to ring.....


Is there a set timeframe for dissolving a company?
Based on timeframe (ie not submitting claim until after they applied for dissolving), am I dead in the water?


Thanks

Castle

leedom wrote: »

Is there a set timeframe for dissolving a company?
Based on timeframe (ie not submitting claim until after they applied for dissolving), am I dead in the water?


Thanks

It's 2 months after the notice to dissolve appears in the London Gazette:-
https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration