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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3771
Experience:  Solicitors 2 years plus PQE
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I am attempting to recover monies owed from a limited company.

Resolved Question:

I am attempting to recover monies owed from a limited company. The company ceased trading as it was taken over by another limited company who took on the previous company's caseload. The new company have told me that they are not responsible for settling my fees. Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the old company in liquidation? Kind regards AJ
Customer: replied 2 years ago.

As far as I'm aware the company is simply no longer trading, having been taken over. The new firm is continuing to manage the previous firm's workload. This concerns, I regret to say, a firm of solicitors!

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Can you look at Companies House and confirm whether the company
Expert:  Alex J. replied 2 years ago.
still exists?
Expert:  Alex J. replied 2 years ago.
https://www.gov.uk/government/organisations/companies-house#
Expert:  Alex J. replied 2 years ago.
If the company still exists (even if it has been taken over) you can still sue it.May I ask how much you need to recover?
Expert:  Alex J. replied 2 years ago.
https://www.moneyclaim.gov.uk/web/mcol/welcome - you can commence a money claim here, if they are ignoring your demand I would suggest you sue the old entity - assuming it still exists.
Customer: replied 2 years ago.

The amount owed is over £1,800.00

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. For £1800 you can use the money claim online service. Did you render services to the limited company?
Customer: replied 2 years ago.

Yes I did - as a medical expert. Given that there is no trace of the old company on the Companies House website, I presume I will need to take action against the new company? The new company told me that I would need to take action against the old company. The address they gave me does not have the old company's name and the telephone number is ***** of the new company!! (The new company is an established solicitors firm)

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Does the old have a company number? It is possible they may have changed the name. Can you ask the solicitors to confirm the service address for the old company? Do you remember who instructed you from the old company?
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Customer: replied 2 years ago.

Thank you. This concerns more than one set of instructions.

Having done a little more "digging" on the internet, I have now found the company number, now applied to a firm with a different name. The contact address is the same as given to me by the new company, the phone number again is that of the new company. The SRA website does not list the changed name firm on its website.

I assume that I have to take action against this company, which appears not to be in active business, although it is listed at Companies House?

Customer: replied 2 years ago.

Further to my reply yesterday, the old company's present registered address is that of a firm of chartered accountants, which confirms my suspicions that this company is not actually trading despite being listed at Company House. Does this affect who I can claim against?

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. If the company is still active you need to sue the company that you sent the invoice to (doesnt matter if it changed its name).
Expert:  Alex J. replied 2 years ago.
As long as the company is not in liquidation or administration - you can sue it even if it is no longer trading.