Hello, thanks for your question.
My name is ***** ***** I can answer your questions.
1. It's possible to sue a director if he is using the company as a shield for fraud. You have to show that it was not a genuine business and was set up to hide him from fraudulent activity. You have to show this on the balance of probabilities, but the court is usuaully slow to assume fraud, and will start off on the premise it was likely a normal business investment.
2. No more or less difficult for the police to investigate if company is struck off.
4. See 1 above.
5. You need to be able to plead and evidence a claim when you issue it really. You have six years normally from when yu discover the fraud to bring a claim. The rules can be complex here, but this is a general rule of thumb.
6. If you get a CCJ, you can secure it against property in the UK, yes.
7. Impossible to say what the costs of a trial like this could be, they could be substantial, perhaps £50k or more, it's very difficult to say. However, if you're not the only one that has been subject to a fraud, others might be able to get group together and help out. Of course, you don't know for sure whether there is a fraud, so you need to liaise with the police and consider whether you might want to hire private detectives etc.
8. If you accuse the Director of fraud and he hasn't been committed fraud, then yes, he could sue you for defamation.
As for companies house and strike off, it's difficult to say what you might need to show them, but if the company is struck off, it can always be restored later by court order. Presumably, you could show the company was trading, or receiving monies, and that might prevent it being struck off. Or, and speak to companies house to check this, I think you could present a winding up petition against the company for the money it owes you, which should stop the strike-off too, and the court can appoint a trustee to investigate the company's and directors actions.
You would benefit from speaking to a commercial litigation solicitor that might consider helping you, perhaps on a no-win no-fee basis.
Do I need to get a commercial litigation lawyer to draw up a winding up petition against the company for the money it owes me?
Ideally, you should get somebody to go through this with you in proper detail, so I would suggest yes. In truth though, you could do it yourself.
I suppose you should ask yourself whether it's likely to oppse the petiton. If you're concerns are right, then perhaps it will not. In which case, you might consider doing it youself.
That said, I would always encourage people like yourself to get professional advice and help with things like this, they have the potential to become very complicated.
I am sorry I do not understand "oppse the petition" is this a typo?
Sorry, it's a typo. "Oppose" the petition.
So will the director or his lawyers turn up to seek to challenge your right to present the petition.
How should I do a winding up petition? Who would I present it to? what would it cost?
You present it to the High Court, by putting together a petition and grounds for winding up. It's impossible for me to tell you on here how to do that because it depends on some of the detail of the underlying case, and this is why really you should be getting a solicitor to look at it.
Tony, Thank you very much for your help. Would I be better going to a local solicitor?
To draft the petition etc., then yes, because they need to sit down with you and go through your papers about why you say it's all a fraud etc. and understand your case before puting pen to paper and preparing a petition for you.
They can also look into other options, such as the appointment of a provisional liquidator.
This is where the court will appoint a liquidator immediately, to secure assets/money of the company.
Thank you for helping me.
You're very welcome. I do hope you manage to get your money back.
Can I just ask whether you're happy with my service this evening please?
Wendy, can I just ask whether you're happy with my service this evening please?