Court Claim

[Flossie10]

Hello. Not sure if this is correct place to post but any advice appreciated. My son has received a claim from business centre for late filing of accounts for his limited company. He is planning to dissolve business. Looks like he may be too late to respond in date. He didn’t look at letter in time. If the court issue a judgement who does it go against. Claim is in business name. Hope this makes sense. Date of issue was 29th July.

[atticus]

Can you post the Claim Form please.

Is your son a director of the company in question?

[Flossie10]

[Flossie10]

Hope this helps. Not very good with this kind of thing and yes he is a director. But his intention is to dissolve the company.

[atticus]

You said that the "claim is in the business name". Please confirm whether your son is named as defendant.

[Pezza54]

The government guidance "Late filing penalties" updated 24 July 2023 states the fine is against the company. If the fine is late again the following year the fine may be doubled to £750
The company can appeal a late filing fine but the circumstances have to be exceptional
Not filing company accounts is a criminal offence and the director may be fined in the criminal court
The fine must still be paid if the company is dormant or is yet to be dissolved

[atticus]

Section 453 Companies Act 2006 imposes a civil penalty on directors of companies which do not comply with the statutory obligations for filing accounts.

This section is mentioned in the Claim Form which is why I have asked whether the OP's son is named as defendant.

[Flossie10]

The claim is in the company name and yes he is a director.

[atticus]

If the lad is not named as defendant, then no case is being pursued against him. He can decide what to do on behalf of the company.