Company ceased trading..what should I do?

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  • robatwork
    robatwork Posts: 7,117 Forumite
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    As they are a limited company do you care to name them (accurately) so people here with access to various gazettes can check in more depth than you are able?
  • teachergirl
    teachergirl Posts: 773 Forumite
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    Sorry for not replying more quickly I can't have my notifications set up properly . hpuse you are right that the bank do not offer protection. I have contacted them and action fraud . They have all said they cannot do anything. Following the advice above we have written to both the accountants and the company director.
    robatwork the company is Earley and Locke Ltd (Weymouth)
    Thank you all for your help
    Enough money to live on so retired early...planning to see where life takes me:D
  • robatwork
    robatwork Posts: 7,117 Forumite
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    teachergirl wrote: »
    robatwork the company is Earley and Locke Ltd (Weymouth)
    Thank you all for your help

    My searches don't show this company anything other than trading or solvent. Don't appear to be in administrator or liquidated.

    Hopefully someone else will have more (paid) access to other registers or some insider knowledge.

    You could start some court action to force them out.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    robatwork wrote: »
    You could start some court action to force them out.

    If you do start any form of legal action, there is one thing to make sure of on the paperwork (or online):
    teachergirl wrote: »
    the company is Earley and Locke Ltd (Weymouth)
    The company name is Earley & Lock and you don't to have the case dismissed for the sake of one extra letter.
    I don't know if that would happen but you don't want to chance it.
  • robatwork
    robatwork Posts: 7,117 Forumite
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    For thoroughness, the actual full name is:

    EARLEY AND LOCK (WEYMOUTH) LIMITED
    Company number 00970105
  • TripleH
    TripleH Posts: 3,018 Forumite
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    If the company has ceased trading, it must sell off all assets and use that to pay off all debts before giving any money to shareholders. If a company ceases trading owing more money than it has assets, it is insolvent.

    Are the company's accountants associated with an accounting body? (ICAEW, ACCA, AAT, CIMA for example).

    Might be worth writing to the accountants, explain you paid a deposit that has not been refunded, the company has ceased trading but is not marked as insolvent at companies house therefore you are confused why you haven't had a refund or why the correct procedures aren't being followed snd ask for an explanation.

    If the compsny is not insolvent you should get your money back, ifbit is insolvent, it should be put into insolvency properly, or lodge a claim online against the directors and the company for the deposit. This may not work if the company genuinely has no money, but if the directors ( owner or his sons) have done anything incorrectly, it might spark action. Be polite in the letter and present it as you being a little confused, almost giving them an opportunity to rectify things and save face. If you go in aggressively they will almost likely go on the defensive.

    Before anyone says, yes i accept there could be a bereavement here and people might not think correctly, however, directors still have responsibilities regardless of circumstances abd that includes to customers (i inherited the responsibilities of a director following my father's unexpected death and had to deal with everything despite my grief).
    May you find your sister soon Helli.
    Sleep well.
  • teachergirl
    teachergirl Posts: 773 Forumite
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    Not sure if anyone will pick this up but what happens if they don't reply to our letters. We wrote to the accountants and the director of the firm nearly two weeks ago and have not had a reply. Is legal action our only option?
    Enough money to live on so retired early...planning to see where life takes me:D
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    teachergirl wrote: »
    Not sure if anyone will pick this up but what happens if they don't reply to our letters. We wrote to the accountants and the director of the firm nearly two weeks ago and have not had a reply. Is legal action our only option?
    Yes, in the same way that it would be if they were still trading.
  • Stratus
    Stratus Posts: 254 Forumite
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    As others have said the company is still active.

    The company secretary has a different address to the company's registered office giving you another avenue for contact.

    https://beta.companieshouse.gov.uk/company/00970105
  • teachergirl
    teachergirl Posts: 773 Forumite
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    We actually wrote to the accountants and the home address of one of the directors using that website and neither has replied.
    Enough money to live on so retired early...planning to see where life takes me:D
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