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Hi hope you can help.I have a ccj against a company that is…

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Hi hope you can help.I have...
Hi
hope you can help.I have a ccj against a company that is now in receivership.They have set up again in a similar business from the same premises and a similar name.The Director and Company Secretary live at the same address but the house is only registered in the Company secretary's name plus one other.
The company has got other ccjs registered against it over a few years which have not been satisfied.
Q1. Is there any action I can take against the Director and Co. Secretary jointly

Q2. How do I find the names and addresses of the other claiments who have got ccjs against the company.
Submitted: 8 years ago.Category: UK Law
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Answered in 24 minutes by:
6/28/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,167
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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I presume that your contract or whatever relationship you had with the company is with the company and not the director(s) themselves.

Is the new company a brand new company as opposed to simply a renaming of the old company?
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Customer reply replied 8 years ago
The ccj was against the company.
There is a new company but with the same people and same trade same director
From what I understand the director may be personally liable for debts if the co. trades knowingly being insolvent with no prospect of paying off debts and ccjs.
i was hoping there was something in law against the co. secretary as she is related somehow -maybe by not fulfilling her statutory duties
Solicitor: Joshua, Lawyer replied 8 years ago
Thanks

OK:

1) The buck stops with the company and if it has been wound up save as follows you can only pursue the company itself. The Insolvency Act 1986 however creates personal liability where directors allow the company to trade wrongfully or fraudulently. The court may, on application by the liquidator of a company which is being wound up, order directors to make such contribution to the company's assets as it thinks proper. A director may also be liable to third parties under the Common Law of tort if he acts negligently or recklessly. Furthermore a director of a company which has gone into insolvent liquidation can be personally liable for debts of any other company with a confusingly similar name which he runs within five years after liquidation of the first company (Insolvency Act 1986, s.217).

2) yes they can be downloaded from Companies House via the website for a nominal fee.
Joshua
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Customer reply replied 8 years ago
Hi sorry but I'm a bit confused.
Can I chase him as a director or the new company which he is the director for the ccj from the old company. The new company is of very similar name with the same co. secretary , same business and from the same premises.
Also do you have any idea how itrace the names and adresses of the other claiments who have ccjs against the first co.
Solicitor: Joshua, Lawyer replied 8 years ago
If it is of a very similar name, then the directors could be personally liable. You would probably need to take specialist advice in this respect and possibly obtain Counsel's opinion though before you started any action. Or you could just wing it and see what happens if the amount in question is not large but it would be a bit of a gamble to proceed in this way
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