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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9034
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I was advised under this portal by a JUDGE that as you say I

Customer Question

I was advised under this portal by a THOMAS JUDGE that as you say I can represent myself. He then directed me to a resource that would be useful called "BRISTOL'S GUIDE to COMPANY RESTORATION". I spent around two days reading and following what must be
done. I found several ambiguities and needed guidance on some simple points in order to put my application notice before the courts. I instructed a company to rebuild my engine. They failed and my resultant claim was for £24000 "loss of earnings" whilst my
car was off the road and some £15000 costs with the garage who failed in their contract to repair my car. They were insured with AVIVA who paid out on the policy the "loss of earnings". We settled for £12000 without protracted negotiations involving forensic
accountants etc. AVIVA wrote to me saying the garage were not insured for the work they failed to carry out and I should pursue my claims in this regard against the garage. I filed a limited claim of £10000 in the small claims court. I wrote to the defendants
with a pre action protocol letter on 18 October 2014 setting out my claims. This was repeated in February 2015 after the insurers had finally settled the "loss of earnings" element. The N1 claim was filed by the court on 31 March 2015 The director of car care
filed a DS01 for a "voluntary strike off" on Jan 1 2015 unbeknownst to myself or the court until July 2015 after the registrar had dissolved the company following the DS01 protocols. The company at all times failed to advise me as a creditor that they were
dissolving the company my dispute was with. In or around FEB 2015 a new company was set up. The only change in name was from CAR CARE CENTRE (UK) Limited to CAR CARE CENTRE ( WEMBLEY) LTD. The address, director, company secretary, registered office and trade
of the business has remained the same. Physically the garage is visually the same with staff and purpose as existing when under the dissolved company. I believe the sole purpose of voluntary strike off was and is to avoid paying out the £10000 I limited my
small claim to. They breached the Companies Act when not alerting myself or the courts etc as a creditor. I wish the company to be restored so my action can proceed I have spent the whole weekend preparing 7 bundles to restore the company. I have also prepared
in the correct format the witness statement. I took photos of the directors house and cars and a photo to show the company is trading as a garage as it always has. I was confused which form to use to apply to courts. There seems to be an N208 an application
notice and or a CLAIM Form CPR Part 8 ? Not clear which one to use. Unclear as to whether restoring the company or having a private claim against the director is easier? It is help with the forms. I would love to speak on the phone and anticipate I can hopefully
get my questions answered in 15 minutes or less. Happy to pay as was previously offered a short telephone call of £38 to finish matters for now Thank you
Submitted: 1 year ago.
Category: UK Law

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