Creditor getting dissolved company restored
Creditor getting dissolved company restored
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jamesuk28

Original Poster:

2,176 posts

284 months

Wednesday 8th October 2008
quotequote all
Bit of an odd one.

Client of mine owed money from debtor (company b)

Company b applies / proposes to be struck off at companies house
We advise client to write to Companies House (CH) an object because they are owed money.

Client does this.

Company b gets dissolved

Client complains to CH, who state they never received his letter ( in the meantime we have obtained a County Court Judgement for the client, ready to enforce)

Here is the odd bit.

CH tell my client that he can apply to have the company restored.

I have heard of this before but only by a Director of the dissolved company not by a creditor.

Any IP's or maybe Eric have any info on this. I know its expensive.

Thanks

wattsm666

742 posts

296 months

Wednesday 8th October 2008
quotequote all
It is correct....

paoloh

8,617 posts

235 months

Thursday 9th October 2008
quotequote all
jamesuk28 said:
Bit of an odd one.

Client of mine owed money from debtor (company b)

Company b applies / proposes to be struck off at companies house
We advise client to write to Companies House (CH) an object because they are owed money.

Client does this.

Company b gets dissolved

Client complains to CH, who state they never received his letter ( in the meantime we have obtained a County Court Judgement for the client, ready to enforce)

Here is the odd bit.

CH tell my client that he can apply to have the company restored.

I have heard of this before but only by a Director of the dissolved company not by a creditor.

Any IP's or maybe Eric have any info on this. I know its expensive.

Thanks
What would be the point?

CCJ against a LTD Co with no money is a tad pointless IMO.

jamesuk28

Original Poster:

2,176 posts

284 months

Thursday 9th October 2008
quotequote all
paoloh said:
jamesuk28 said:
Bit of an odd one.

Client of mine owed money from debtor (company b)

Company b applies / proposes to be struck off at companies house
We advise client to write to Companies House (CH) an object because they are owed money.

Client does this.

Company b gets dissolved

Client complains to CH, who state they never received his letter ( in the meantime we have obtained a County Court Judgement for the client, ready to enforce)

Here is the odd bit.

CH tell my client that he can apply to have the company restored.

I have heard of this before but only by a Director of the dissolved company not by a creditor.

Any IP's or maybe Eric have any info on this. I know its expensive.

Thanks
What would be the point?

CCJ against a LTD Co with no money is a tad pointless IMO.
That exactly what we said, the entity may be restored but the assets will not. We may however be able to get the Directors on fradulent trading, but as you may know thats a long process in itself.

paoloh

8,617 posts

235 months

Thursday 9th October 2008
quotequote all
jamesuk28 said:
paoloh said:
jamesuk28 said:
Bit of an odd one.

Client of mine owed money from debtor (company b)

Company b applies / proposes to be struck off at companies house
We advise client to write to Companies House (CH) an object because they are owed money.

Client does this.

Company b gets dissolved

Client complains to CH, who state they never received his letter ( in the meantime we have obtained a County Court Judgement for the client, ready to enforce)

Here is the odd bit.

CH tell my client that he can apply to have the company restored.

I have heard of this before but only by a Director of the dissolved company not by a creditor.

Any IP's or maybe Eric have any info on this. I know its expensive.

Thanks
What would be the point?

CCJ against a LTD Co with no money is a tad pointless IMO.
That exactly what we said, the entity may be restored but the assets will not. We may however be able to get the Directors on fradulent trading, but as you may know thats a long process in itself.
Virtually impossible to prove too.

I think it's better just to let it go.

wattsm666

742 posts

296 months

Thursday 9th October 2008
quotequote all
If there was an asset that was distributed on winding up, then that can be returned to the company and claimed against. Sometimes bank accounts get frozen with funds when a company is dissolved or properties are still owned.