First Gazette notice for compulsory strike-off

[mriddle88]

Hi

Yesterday I issued the N180 Directions Questionnaire against a car dealership for a faulty vehicle which was sold to me. This morning I've received a message from Companies House stating the company I'm taking to court is being struck off and will cease trading. It's not clear at the moment if the company themselves have applied for this (The directors have a history of this art other companies) or if it is because the company's Confirmation Statements are overdue and it is being forced upon them.


Either way, can I object to this strike off? If they are doing this deliberately to evade court action, how likely are they to succeed?

Thanks
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[R0b]

Hi,

You can use the attached template to object. Normally Companies House will defer the strike off for 6 months or so and then review.

You will need to adapt it to your current situation e.g. the claim form would suffice as evidence.

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[des8]

Yes, you can object to a companies strike off: https://www.gov.uk/object-to-a-limit...ing-struck-off

Could delay strike off until your claim has been decided.
Doesn't look promising for your claim however, as you may well find when you win your case that the company no longer have any assets.


crossed with R0b

[mriddle88]

That is a concern DES8. Their website has now disappeared and it looks like they've already stopped trading. The Director has started up a new car dealership at the same address. If we were to win and it turned out the old company no longer has any assets, could we recover costs from the Director personally or the new company?

If not and it proves this easy to get out of paying creditors then my faith in the legal system to protect consumers has just evaporated.

[des8]

An insolvent company cannot be struck off.

There are steps a creditor can take, but whether or not it's worthwhile is doubtful viewing likely costs. (e.g. threaten winding-up proceedings by issuing a statutory demand for payment.)

Similarly a director may be personally liable if he made fraudulent misrepresentations,if his limited company is just a sham or where he has fraudulently transferred assets away from his company.
All you have to do is prove it!


Without knowing anything about your claim, it might be that he personally made misrepresentations about the vehicle you purchased.
If your claim is under the Misrepresentation Act you might, just might, be able to hold him personally responsible, but it won't be easy.