Small court claim preparation - lay representative, late evidence filing

sheramber

If you gave details of the gazette notice then someone may be able to give you some information but without company information nobody can confirm/ deny anything. 

GDB2222

Sadly, 'phoenixing' may well be legal. You can read more here, on the government’s website.

https://www.gov.uk/government/publications/phoenix-companies-and-the-role-of-the-insolvency-service/phoenix-companies-and-the-role-of-the-insolvency-service

Of course the directors may have broken the law. For example, they may have transferred work in progress to the new company at an undervalue, or indeed for nothing! But, finding that out would require a forensic accountant to examine the books. This would cost lots of thousands of pounds. 

You would have no standing personally to do that, but the liquidator could, providing someone paid all the costs. 

bobbstar21

sheramber said:

If you gave details of the gazette notice then someone may be able to give you some information but without company information nobody can confirm/ deny anything. 

here it is

GDB2222 said:

Sadly, 'phoenixing' may well be legal. You can read more here, on the government’s website.

https://www.gov.uk/government/publications/phoenix-companies-and-the-role-of-the-insolvency-service/phoenix-companies-and-the-role-of-the-insolvency-service

Wow, crazy! Thanks for this.

Now the company is showing as active again and accounts completed today! No idea what they are doing

Jenni_D

bobbstar21 said:

sheramber said:

If you gave details of the gazette notice then someone may be able to give you some information but without company information nobody can confirm/ deny anything. 

here it is

Is that the old or new company?
If new, who were the old? (Also, Companies House information says the company was incorporated almost 4 years ago, so not really "new")
If old, Companies House information says that they're still active.
Where is the Gazette notification?

bobbstar21

This has updated as of today. This is the old company - they just filed their accounts that were overdue. You can see the gazette notice in the filing history. The status was in the process of being struck off but now shows as active again.

Here is the new one https://find-and-update.company-information.service.gov.uk/company/16377420

GDB2222

Jenni_D said:

bobbstar21 said:

sheramber said:

If you gave details of the gazette notice then someone may be able to give you some information but without company information nobody can confirm/ deny anything. 

here it is

Is that the old or new company?
If new, who were the old? (Also, Companies House information says the company was incorporated almost 4 years ago, so not really "new")
If old, Companies House information says that they're still active.
Where is the Gazette notification?

If you follow the link, you can find the Gazette notice under 'filing history'.

So, yes, this is the old company the OP is suing. 

Jenni_D

GDB2222 said:

Jenni_D said:

bobbstar21 said:

sheramber said:

If you gave details of the gazette notice then someone may be able to give you some information but without company information nobody can confirm/ deny anything. 

here it is

Is that the old or new company?
If new, who were the old? (Also, Companies House information says the company was incorporated almost 4 years ago, so not really "new")
If old, Companies House information says that they're still active.
Where is the Gazette notification?

If you follow the link, you can find the Gazette notice under 'filing history'.

So, yes, this is the old company the OP is suing. 

Thanks ... it was the Active status that puzzled me.

bobbstar21

So they did rescind their strike off, super weird! I have no idea what they are doing as they have two companies of the same type and very similar name.

But I'm at a loss with the court, the hearing was on April 1st but we've still not received the judgement so can't enforce anything! Going through this is really eye opening. 

How long does sending a judgement usually take? The first time we called they said 17 weeks. Second time they said next week (that's passed).

bobbstar21

It nearly took the 17 weeks but we finally got the judgement, crazy long! 

The defendant is ignoring me unfortunately. 

The company have had some good trustpilot reviews the past year alone so they are active and making money. They have 50k assets but 50k creditors also as of April 2024. The previous year was 25k assets and 25k creditors also... not sure if it some accounting strategies or if they are genuine debts though I can't imagine what debts they would be.

I am keen to try a few options even if for learning purposes (even if we get nothing), so I'm looking for recommendations for what to do next. I was thinking N316 first though it might be slow - it'll give me a picture of their finances and verify they are where they are (when i checked the address in say royal mail, the company didn't pop up - loads of others did).

I might have tried HCEO straight away but again concerned they aren't actually at their registered address.

Ideas?

Undervalued

bobbstar21 said:

It nearly took the 17 weeks but we finally got the judgement, crazy long! 

The defendant is ignoring me unfortunately. 

The company have had some good trustpilot reviews the past year alone so they are active and making money. They have 50k assets but 50k creditors also as of April 2024. The previous year was 25k assets and 25k creditors also... not sure if it some accounting strategies or if they are genuine debts though I can't imagine what debts they would be.

I am keen to try a few options even if for learning purposes (even if we get nothing), so I'm looking for recommendations for what to do next. I was thinking N316 first though it might be slow - it'll give me a picture of their finances and verify they are where they are (when i checked the address in say royal mail, the company didn't pop up - loads of others did).

I might have tried HCEO straight away but again concerned they aren't actually at their registered address.

Ideas?

Although they have significant powers they are not always a successful as the TV programs would suggest!