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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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A company by name Rocklaw took an amount of £459 as guarantee

Resolved Question:

Hello,a company by name Rocklaw took an amount of £459 as guarantee to chase PPI refund,but been told by ADR a colaborative company that the former has gone bust and not liable for my refund
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were they a limited company?
Customer: replied 1 year ago.
not sure
Expert:  Jo C. replied 1 year ago.
Is there any way that you can ask ADR about this?
Customer: replied 1 year ago.
yes limited legal team
Customer: replied 1 year ago.
I have had lengthy talk with ADR who claim they cant pay
Expert:  Jo C. replied 1 year ago.
Okay.
I'm afraid that is bad news. This company was limited and so your claim is against that company which has now gone under.
Your claim does not transfer to another company unfortunately.
The only way that you can pursue this is to seek to sue the directors of the limited company but to do that you have to show that there was fraud or some other form of bad faith. Otherwise limited companies protect their directors.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thats strange so what happens to the ARB Advisory group they were working with?or assuming its not limited liability company
Expert:  Jo C. replied 1 year ago.
If it is not limited then you can pursue the individuals behind it.
The advisory group are not liable for the company's debts I'm afraid.
Customer: replied 1 year ago.
Any clue how to pursue the individuals and any way forward?
Expert:  Jo C. replied 1 year ago.
Do you have any information identifying them?
Customer: replied 1 year ago.
only email thanks
Expert:  Jo C. replied 1 year ago.
have you checked with companies house?
Customer: replied 1 year ago.
I have found them through consumer claims regulations office
Expert:  Jo C. replied 1 year ago.
If you check with companies house the directors should be listed there. There is a small fee. The alternative is to use a tracing agent who will also charge.
Customer: replied 1 year ago.
thanks,will think of that later
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.