Company Trying To Resolve; Correct Action Required

[Bsb1971]

Hi there,

I am not completely clued up on these matters so apologies if anything below sounds incorrect;

I purchased a dodgy car a few years ago from a dealership; they refused to refund me and it went to court in May 22 where I represented myself. It was awarded in my favour and payment was never made to me.

I realised after that they had changed directors of the company and also added added another limited company to the address, so I knew this would make things difficult if I issued a warrant of control. The other limited company has a very similar name ie "Dodgy Cars Limited" was where I purchased the car from and "Dodgy Cars Limited 1" is the additional company name. Above the door of the business today however, "Dodgy Cars" is still as it is displayed.

I have now been alerted that they have submitted a DS01 to strike the company off from Companies House so I wrote a letter informing them I am an interested party and I would object unless payment is received within 14 days. This was received by them 6 days ago now ( 7 being tomorrow) and I have not even been sent a copy of the DS01 from them, which I know is their obligation. Aware they have a day but I find this unlikely given their track record so far. With this in mind I may be getting ahead of myself but I of course want to get my ducks in a row.

So my first question, I know to send the objection to companies house I need to show I am actively pursuing the debt within the last 6 months; would the letter sent 7 days ago suffice or would I need to start further action against them?

If it needs to be legal action, would a Order to obtain information suffice, or would this need to be a warrant of control.

Ill be honest, do I expect to get money from them, no. Do I want to make things a bit more difficult, and if possible stop the company closure, yes. Especially when their final words when asking for the refund were (in brief) " we know the law and you wont stop us".

Something that I have considered looking at their accounts is I believe they have transferred assets over to the new limited company. I can only presume this is completely legal but I don't know the full ins and outs of what is allowed in these situations.

I am just a person acting on their own with little legal or accounting knowledge so I don't want to keep throwing good money after bad, but if it is just simply the £59 fee and price to serve the notice, OR £110 for the bailiff and the chance it will stop the business closing, make their life awkward, and HOPEFULLY push them to have to liquidate/be investigated, it feels like money well spent as I am quite confident the company has not acted correctly in their dealings.

Of course if doing any of this wont work, and they can simply keep applying to strike off the business, then I feel maybe time to give up.

Thanks in advance for any advice you can give me.

[atticus]

Not a direct answer to your question, but have there been breaches of sections 216/217 Insolvency Act 1986 in connection with the use of the name? This might open the door to personal liability of directors.

[Bsb1971]

Not a direct answer to your question, but have there been breaches of sections 216/217 Insolvency Act 1986 in connection with the use of the name? This might open the door to personal liability of directors.

Thank you so much for responding.

See, this is where I am not sure, and the where I would rather do what I can to push them into having to liquidate over dissolution by any means possible. Technically I dont think they have as "Dodgy Cars " were active at the time they opened "Dodgy Cars 1" ( honestly, this is how the names are just the city name as opposed to 'Dodgy') but I feel it was set up to try to stop action against them

As they are trading from the same address etc, and now trying to close, and have potentially transferred assets, then there is something in there SURELY do to with liabilities. Although both were set up in with "John Smith" ( real name not used) as director and both have new directors; im sure if liquidation was forced the investigators would not be best pleased with their practices.

Also, I am not sure if voluntary strike off is considered a liquidation? Either way I think they have someone reasonably intelligent advising them and I want to do whatever I can to get past them but it is seeming like a legal minefield on best way to go without losing even more money then I current have.

[ostell]

High court bailiffs to attempt recovery? They usually know all the tricks and know the tricks to get round them.