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Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 25645
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My company won small claim in the court and owner of company

Resolved Question:

My company won small claim in the court and owner of company who didn't pay my tax and get bankrupt. After he open new company on the same address and similar name
It's any chance to get my money from him because he still exist and he can do the same procedure for someone else

Regarding


Jack
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the claim against the company or the owner of the company please?

Customer: Against company
Joshua :

Thanks. From what you say that company has been wound up?

Customer: Thanks for reply. Yes he close that company after he return his tax because he was under CIS 20%tax deduction and open exactly same one changed just last word on the name of new company
Joshua :

Thanks. Unfortunately a judgement against the company is not the same as a judgement against the director or shareholder(s) as you will be aware and there is no basis to make a claim against the new company he has set up on the basis of the judgement against the old one subject as follows:

Joshua :

There is however a significant caveat to the above.

Joshua :

If you can show that one or more directors is trading fraudulently in order to defraud creditors (e.g. you and or HMRC). If you can show this, particulalry that they traded through the company knowing the company to be insolvent, it is possible to establish a claim against the director personally under the Insolvency Act. However this can be difficult to prove. However in any event a claim is not possible against a new company that he has established.

Joshua :

Is there anything above I can clarify for you?

Customer: Thanks. So it's anything I can do by law with it or the law cover people like him
Joshua :

The issue is that companies have their own legal identity so company liabilities are not the same as the owner of the company's liabilities. In order to hold a director liable you must show that they are using the company for the purposes of fraud or that they are knowingly trading whilst insolvent. In these circumstances a director can be held personally liable potentially.

Customer: Ok thank you I will try to proof it by pictures that the director working him self
Joshua :

Is there anything above I can clarify for you any further?

Customer: No that's very much
Customer: Thanks
Joshua :

A pleasure. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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