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Posted: Mon Sep 15, 2008 7:19 am
by m-d
Hi, I shut my company down in April, and went Volentry Insolvant I have had a letter today from a company that my company owed money to saying they wish to commence procedding for Compulsory winding up of the company and that they oppose the application to strike the company off the register? what does this mean for me? i was a LTD company and this debt is in the company name not mine?? should I be worried
?

Posted: Mon Sep 15, 2008 9:29 am
by MelanieGiles
I assume that you have applied for a striking off under S 652 of the Companies Act? If so, then any creditor wishing to object can, and if this company want to spend a couple of thousand pounds petitioning for its winding-up formally then that is their prerogative. Once a winding-up order is granted, the Official Reciever will act as liquidator and will deal with the realisation of any assets which are remaining, carry out an investigation into the activities of all directors who served within the last three years, and distribute any monies to creditors. I suspect that there will be little to go round?

Posted: Mon Sep 15, 2008 12:16 pm
by m33lld
Yes I have applied for the 652 I did this in July. This creditor I only owed about £800 is it worth it??
I have no assests with the company I shut it down in April after only 1 half years! I had a baby and could not carry on everything was still leased and I still had loans against it some no money for anything!!I sent everything back sold my car to pay off my business loan and now own an Invoice Finance company 16k of which I am trying to set an agreement with them for monthly payments.
How can I find out what is happening with the stricking off as at the moment I dread each day when the postman comes!!!

Posted: Mon Sep 15, 2008 12:22 pm
by MelanieGiles
I would not have thought it would be worth this creditor going down this route - unless they perceive that there are assets or actions against the directors to pursue. I suggest you just sit tight and wait and see what happens with this - my guess is nothing!

Posted: Mon Sep 15, 2008 12:44 pm
by pixie
Hi MD

As Melanie says, I wouldn't worry about this. I work within credit control and instructing solicitors to send out letters like this would be normal practice. For the value though it would not be worth pursuing further. The creditor should have insurance on this debt and it may be a point within the insurance that they have to show they done everything to recover the debt.

Posted: Mon Sep 15, 2008 3:33 pm
by m33lld
thanks Melanie & Pixie, that has put my mind at rest for now!!:-)
How long does it take for a company to be struck off I shut in april waited untill end of July and sent the 652 letter out to creditors how long after this will the business all be finished and I can welcome the postman each morning again!!?

Thanks

M33lld

Posted: Mon Sep 15, 2008 5:02 pm
by MelanieGiles
Usually within a couple of months - you can check this out on line on the Companies House website.