Address fraudulently used to create a ltd company

[Oxidane]

Hi all, looking for some advice please.

Received some post yesterday addressed to an individual and a ltd company we did not recognise. We thought oddly of it and a search on Companies House shortly later revealed our address had been used a week prior to set up this company - and a wider search on Google noting that is quite a widespread issue.

We have since reported this to Action Fraud and have generated a ref number and have submitted the relevant forms to Companies House to have our address removed.

It was only our address that was used rather than our name(s) and I do understand this is probably the 'better' of situations - but we did have a look at our credit files to make sure there has been no dubious activity.

My question is - Companies House has, through the forms I have submitted to them, the power to remove our address from the 'registred office address' of the company and 'correspondence address' of the single officer/director, but as this person has also put themselves down as a persons with significant control, they cannot remove our address from this without a court order.

I've had a search online and this seems like too 'small' of an issue for a solicitor to take on but I may be wrong - and I am happy to take this on myself if it is possible ... would it be possible, without a solicitor, for us to submit the necessary legal paperwork to generate the court order ourselves of which we can then submit to Companies House? Equally to be asked: is removal of the PSC with our address worth the money/trouble if Companies House removes our address from the other two sections?

Thanks in advance.

[atticus]

Have you attempted to investigate the person(s) shown as director or shareholder of this company?

Look at the incorporation documents filed at Companies House. If a company formation agent was used to set up this company, contact them.

[PallasAthena]

As you have discovered this is sadly very common and is made possible by Companies House having inadequate powers to prevent it. You have done pretty much everything that is advised in this situation. I have not not heard of anyone taking the court route regarding the 'significant control' address but it is my understanding too that this is the only way at present.

Good news is that new legislation is going through parliament to give CH more powers to stop this abuse but I'm not sure when this will become law or exactly how it wil work.

In the meantime keep an eye on your credit reports and also anything from your council re electoral registration in case they try to put themselves on the electoral register at your address or any mail redirection requests

You will soon start getting mail addressed to the company from both advertising mail and from official bodies like HMRC. You are entitled to open this and return it with a letter from you explaining that that is an attempted fraud and give them the CH And AF reference numbers. Keep copies of it all and, if practicable, get a free proof of posting at post office. This is incase they try more fraudulent activity like getting loans for the company., so that you have a written evidence trail.

I would be cautious about trying to track down the people who set up the company as media reports suggest some of these fraudsters aren't the sort of people you'd want to tangle with.

[Pezza54]

Please read the Department for Business, Energy & Industrial Strategy's "Guidance on the register of people with significant control"
note 14 at the bottom of page 17
residential address should be provided to Companies House but will not be made available on the public register.
Companies House should not have published OP's address even if it was PSC's residential address (which it isn't)

[Pezza54]

One of the reasons why company directors private addresses are no longer published on the register is safety.
Unwanted literature in the post may be the least of OP's worries. Irate company customers knocking on the door springs to mind.
OP should telephone customer services at Companies House tomorrow and demand their private address is removed from the public register immediately.

[PallasAthena]

Companies House forms AP01 (notification of a director) and PSC01 (notification of a person with significant control) clarify that CH publishes the address given by the person on the form as their 'Service address'. If that is their residential address that is what will appear on the public register online at CH.

However if their residential address is not their service address then they must additionally advise their residential address to CH but that will not appear on the public register and will be confidential to CH.

So it is up to the individual director/PSC whether they publish their residential address. Companies House are not prevented from publishing residential addresses.

[Pezza54]

A private address if it is the same as the registered company address cannot be protected.
This is what I think will happen if OP has sent the correct form to Companies House.
Companies House will write to the company/PSC at OP's address querying the address provided.
When Companies House fail to receive a reply within 14 days they will change the company's address to a default address
OP's address will be removed from the register.

[Pezza54]

Hopefully OP used form RP07 and submitted it online to Companies House to speed up the process. Companies House want proof of the applicant's address such as a utility bill under 6 months old.
Its a shame Companies House don't require the same proof for the PSC when providing their residential and service address.