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cowboy builder & court procedures

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  • #16
    Originally posted by human123 View Post
    Interestingly his girlfriend has now been removed as director and there is no director now as far as I can see. However he does all negotiations, sign the contracts and makes all decisions.
    All things an employee can do.

    Originally posted by human123 View Post
    She never said anything.
    That's usually why you employ people, to do things so you don't have to.

    Originally posted by human123 View Post
    Why would he have avoided to be the named director and put his girlfriend there in name and now she is removed and the company is without director. Is that all legal?
    If he's been bankrupt or banned from running a company that'd be why she was named as a director and removing her along with the company now having no directors usually happens before a company is dissolved.

    If your contract is with said company then you are squarely out of luck if the registrar dissolve it before you file a claim against it.

    It's all legal, morally is it right? that's a different story.
    Last edited by jaguarsuk; 29th August 2019, 14:42:PM. Reason: Correct Shocking Grammar
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #17
      A private limited company must have at least one director.
      If it should be left with no directors it is in breach of the Companies act 2006 sec154

      c

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      • #18
        What does this mean in regards the defendants possible action

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        • #19
          Originally posted by des8 View Post
          A private limited company must have at least one director.
          If it should be left with no directors it is in breach of the Companies act 2006 sec154

          c
          Which is why I believe the company will be dissolved, by resigning as director the registrar at companies house will have to dissolve the company as being in breach of the companies act 2006.

          Originally posted by wales01man View Post
          What does this mean in regards the defendants possible action
          I think the problem the OP has is I'd wager the company doesn't have two coins to rub together and that pursuing it for any claim is just going to result in being in possession of an expensive piece of paper along with as stated above it'll be dissolved by the registrar.

          Seems the builder aced cowboy college, this is top of the shop gaming the system.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #20
            The company may not be dissolved automatically but (when Companies House notice the lack of directors) be directed to appoint a director within a set period.
            Failure to comply and the company could be fined (although if there are no assets how is the fine paid?) altho' dissolution is more likely for a small private limited company.

            And agree continuing with this claim is probably just an expensive exercise

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