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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5408
Experience:  Solicitor
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Assistant: How can we help? I am an Accountant. I need to

Customer Question

Hi
Assistant: Hi. How can we help?
Customer: I am an Accountant. I need to remove accounts for a client from Companies House as full accounts were filed instead of filleted accounts due to a software glitch. I have filled in form N208 and found that the court fee is £308. I have spoken to Companies House and they say that they can pre-approve it but that I also need to send them a Witness Statement and a draft Court order. Is this necessary or can I just send the Claim to the Court? Does anything need to accompany the Claim form? Thank you
Assistant: Where are you located? It matters because laws vary by location.
Customer: im in the UK
Assistant: Has anything been filed or reported?
Customer: yes the full Accounts have been filed- instead of filleted Accounts
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I think that is it - thank you thank you
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

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

If you dont want a hearing and go before a Judge then you need to draft a statement and order.

If you dont, the Court will list it for hearing and decide what order to make.

So you need evidence showing it has been agreed. So that is why you need a statement and order.

Otherwise how would a Judge know its been agreed?

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 1 month ago.
Thank you
I read on this site that the judge is unlikely to object and that therefore the client would be unlikely to be called to a hearing.
To clarify - I can either
1) send the claim by itself to the Court and wait for a hearing ( I don't need a solicitor for this)
2) send the claim and Witness Statement, and draft Court order to Companies House for approval and then send all the documents to the Court.Are the Court fees with and without a hearing the same? Does the £308 include the hearing?
What is a draft order?
Customer: replied 1 month ago.
Also- should this all be done in my name- or in the clients name?
Expert:  Jamie-Law replied 1 month ago.

You don’t know that. Unless you have evidence companies house consent then then there will be a hearing. You can’t provide that evidence without a witness statement.

But your option 1 and 2 are correct.

The court fee is £308 regardless .

The claimant is the company whose accounts need to be removed.

Does that clairfy?

Customer: replied 1 month ago.
Hi - thank you
Sorry , I am stil a bit confused.
The Witness Statement- I guess I can provide that and be the Witness?
What is a draft Court order? Do I need a solicitor to do that?
Expert:  Jamie-Law replied 1 month ago.

Yes you can. A draft order would just say

1) The claimant be given permission to remove accountants filed with the defendant

2) there be no order as to costs

Does that clairfy?

Customer: replied 1 month ago.
Hi Jamie
Thank you for your help
Kind Regards
Dawn
Expert:  Jamie-Law replied 1 month ago.

All the best Dawn. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Jamie
I will - thank you do much for your help!
Expert:  Jamie-Law replied 1 month ago.

Thanks!

Customer: replied 12 days ago.
Hi Jamie
Unfortunately, Companies House returned the documents I sent and told me that the draft order is 'severely lacking in detail'. I have now added some more detail as follows
In the County Court XXXXX Claim No:BETWEENXXXXXXXXXX Ltd Claimant-and-Registrar of Companies DefendantDRAFT ORDERIt is ordered that under section 1096 of the Companies Act 2006 (“the Act”).1. The Claimant be given permission to remove the accounts for the year ending XXXXXXXX filed under accounts on the xx/xx/xx with the Defendant
2. There is no order for costs
3. This order shall be served by the Claimant on the Defendantsis there anything else that I need to add? Should there be something about the parties agreeing?
Thank you
Dawn
Expert:  Jamie-Law replied 12 days ago.

No, that is ok.

Looks fine to me

Customer: replied 11 days ago.
Thank you
Have a good weekend!
Expert:  Jamie-Law replied 11 days ago.

You too