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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a limited company is trying to strike off there business

Resolved Question:

If a limited company is trying to strike off there business
Before full filling the contract agreed (breaching the contract)
But this company has no assets
If I was to take them to a small claims court because the sum is less than £1500
Who is liable for this
Would the registered director be the one to pay the refund?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you opposed the strike off application please?

Customer: Hi
Alex Watts :

Hello

Customer: Sorry about that , yes I have delayed the strike of until August through company house, the registered director mr Daniel Ebanks of limited company Olympus training has breached his contract and is claiming I can't get a refund in a small claims court as his company has no assets
Alex Watts :

Is the Director personally liable - no

Alex Watts :

Not unless you have a personal guarantee

Customer: Is this true and is he responsible for a refund?
Customer: Thank you
Alex Watts :

Therefore the only way of getting your money is by suing the Company

Alex Watts :

If the Company has no or little assets you may just be throwing good money after bad

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I can't remember there being a personal guarantee in the contract
Alex Watts :

Sadly its only the Company liable then

Customer: The company he claims has no assets are you saying that there is nothing I can do to get my money back now?
Alex Watts :

But if the Company do not have assets then there would be little point.

Alex Watts :

But you can get a CCJ and then an order for questioning where they are required to disclose assets

Alex Watts :

Can I clarify anything?

Customer: No Alex that was what I was trying to find out as I'm not in the know when it comes to things like this, if I do a CCJ and learn the company has say for instants only 800£ could I possibly get that returned to me as something is better than nothing
Alex Watts :

Yes of course.

Alex Watts :

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