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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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, I have received a summons file accounts and

Customer Question

Hi,
I have received a summons for failing file accounts and an annual return at companies house for a business that is in the process of going into liquidation.
I need advice on my position and options. I have been under treatment for over a year and am currently being treated for depression and stress related to this situation which has caused me to let this get to this stage.
The court date is set 19/2/15 so an urgent reply is needed.
Martin
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello Martin my name is ***** ***** I will help you with this.

Alex Watts :

Did you file the accounts, I assume not?

Alex Watts :

Was the Company in liquidation by the time the accounts were due?

JACUSTOMER-6oa6xl07- :

Hi Alex,

JACUSTOMER-6oa6xl07- :

thanks for the reply.

Alex Watts :

Happy to help. I may be on and offline as I am travelling on the train at present

JACUSTOMER-6oa6xl07- :

no we did not file accounts and no the company was not formally in liquidation but did cease trading in June 2014 before the accounts were due.

Alex Watts : Ok. Did you get reminders from Companies House?
JACUSTOMER-6oa6xl07- :

Yes

Alex Watts : Did you contact them to explain it was being dissolved ?
JACUSTOMER-6oa6xl07- :

To be honest I cant remember but probably not....it has all been very stressful and I also have personal finanicial issues

JACUSTOMER-6oa6xl07- :

due to the business failing which has lead to depression.

Alex Watts : Indeed. As of today had the business been liquidated ?
JACUSTOMER-6oa6xl07- :

The liquidator was appointed before Christmas but we are still providing all the info they need.

Alex Watts :

I am sorry but it is bad news. You are guilty of the offence. If you are required to submit company documents and they have not been provided that is enough. Sadly Companies House had provided reminders and these were not complied with. If it has been that the Company had been liquidated then the matter would have stopped

Alex Watts :

But sadly on the basis that the liquidation process is still ongoing then you should have supplied the accounts even if they are 0

Alex Watts :

In Court you will only get a financial penalty nothing more

Alex Watts :

I am sorry if this is not the answer you are after and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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