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Judgment Against Company Seeking Dissolution While Same Trading Name Continues

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  • Judgment Against Company Seeking Dissolution While Same Trading Name Continues

    Hello,
    I am seeking general guidance on options available.

    I obtained a judgment against a UK limited company for unpaid monies arising from a business transaction.

    The company is now in the process of being dissolved / struck off in order to dodge the judgment.

    However, the same long-used trading name and branding appear to still be used in ongoing business activity.

    Public records also appear to show a repeated pattern over many years of companies connected to the same director being dissolved, replaced, or closed while the same unregistered trading name continues operating.

    My main question is whether there are circumstances where this type of pattern could justify pursuing the individual director personally rather than only the limited company.

    My questions are:

    1. What steps should a creditor take before dissolution is completed?
    2. Can a creditor object to strike-off while enforcement remains outstanding?
    3. What evidence would normally be needed to show business continuity behind changing limited companies?
    4. In what circumstances can limited liability protections be challenged or set aside?
    5. If personal pursuit of a director is possible, what is the normal legal route to do so?
    6. What is the most cost-effective route?

    I am trying to proceed carefully and factually, and I am only seeking procedural guidance rather than making accusations.

    Thank you.
    Tags: None

  • #2
    Can you give us a rough indication of how much the judgement is for please.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Yes, please indicate the approximate amount due.

      Qs 1 & 2 - write to Companies House objecting to dissolution. Provide a copy of your judgement against this company.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        Directors cannot dissolve and apply for strike off if their company still has debts. The insolvent company must go through an insolvency process such as Creditors Voluntary Liquidation to close the business and deal with what is owed.

        The Insolvency Service now has powers to investigate directors they believe may be setting up companies to borrow money and cease trading before the loan is paid back (eg bounce back loans).

        Have you received a copy of form DS01?
        Have you checked Companies House Register to see if this form has been filed and if an insolvency practitioner has been appointed?

        You could write to the Insolvency Service stating your concerns about this director. He may already be under investigation.

        Comment

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