Companies act 2006.I am being pursued by companies house for late filing penalty of £300.The background to this is as follows:My company has ceased trading however I am unable to dissolve the company as I sill have an outstanding debt with the bank.I submitted by post the 2009 accounts which consisted of one entry being the outstanding debt. Having had no communications from companies house I assumed all was in order.I came to submit 2010 accounts electronically and was denied access. I contact the help-desk and was then told the reason that access was denied was that I had not submitted the 2009 accounts.I immediately submitted the 2 sets of accounts, however, I made a small error on the 2010 accounts, insofar as I did not amend the statutory declaration to reflect the year 2010. This account was then returned and I forward a correction. And because of this amount being dunned and for late payment. As a matter of interest subsequently I went online to execute the end of your return. The companies house computer would not accept my form. I contacted the help desk and was informed that sometimes they have problems with the Firefox browser. I have written twice challenging this penalty without success. With the last refusal I replied again to companies house to which I did not have the courtesy of a reply, and received yesterday a letter dated June 22 from solicitors stating that payment must be made to a different organisation by July 2. I'm currently earning £8000 per annum. Is there anyway I can defend myself against this disproportionate penalty.Regards Sandy
Hello Sandy,I suggest you respond to the Solicitors that the debt is in dispute with Companies House and ask them to stop chasing you for it.You should then take the matter up with Companies House and appeal against the penalty and try and get them to drop it or reduce it. If you are not successful in doing so, I am afraid you would need to pay up or possibly face legal proceedings.Hope this helps. Please rate my answer
I faxed the debt collection agency and then as I stated above wrote to them twice appealing the decision without success. This occasion I have recieved a solictors letter stating that I have to pay the debt collecting agency. As I pointed out I do not have the funds to settle this debt from my meger income. Therefor any further suggestions would be appreciated.
I think our messages may have crossed, you ask me to reply, which I have already done?. It not that I am not satisfied its just I have exhausted that avenue, and looking to see if their is any other rout I can take
You have left me negative feedback without realising, there is no other route I am afraid, you could declare yourself bankrupt and the company insolvent if unable to pay its debts.Please remember to rate me positively
The bankrupcy option is fraught with problems as I am currently working as a private hire driver and Bankrupcy would revoke my licence?
I am afraid there is nothing else I can add other than what I have advised already. If you do not pay the penalty or get it written off, you may receive a CCJ against you personally.
A few choice expletives come to mind, while I contemplate bread and water for a couple of weeks. Thanks for your help it os appreciated.RegardsSandy
all the best
I thought this might amuse you. This is my reply to Howard Cohen, from whom I have not had the courtesy of a reply.Howard Cohen & CoPO Box 110CleckheatonWest YorkshireBd19 4XTDear SirsYour Ref 7604/545199-1/cohI refer to your letter dated 22nd June 2012 received today.As I am sure you will appreciate it is impossible to comply with your demand and I havereceived the letter after your dead line.I am also very surprised at your letter as I replied to Companies House refuting their claimon the 10th of May and have not been given the opportunity of independent adjudication. Itherefore had assumed that the matter had lapsed as I understood that Companies Housewere obliged to reply within 10 days.Therefore in order to resolve this matter I would be obliged if you would instruct your clientto reply to my letter.I am also concerned that the amount of the penalty is excessive for my circumstance inthat I am working as a freelance chauffeur and gross earning last year were £7000.00 fromwhich I am servicing the £25,000.00 debt to HSBC, therefore finding £300.00 as you candoubtless see is extremely difficult. Their is the option of declaring myself bankrupthowever as I am sure your are aware this course of action would revoke my PHV licenceand place me in abject poverty, and become reliant on the State, which would ultimatelycost more than the £300.00. Is this not stupidity of the first order?In the meantime please desist in perusing this matter until Companies House has repliedto my last missive.Yours sincerelyA.G.RossCarey Cashflow Resource Ltd10 Lyndhurst CloseHarestockWinchesterSo22 6NATuesday, 3 July 2012Phone 01962 885441Email beetle.RegardsSandy
It would be interesting to see what reply they come back with.
Indeed. I would have thought they would have replied by now.
Waiting game it is.
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