How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I closed a ltd company and the people that lost money £60 &

Customer Question

I closed a ltd company and the people that lost money £60 & £70 has made a complaint to action fraud stating I was invited to a voluntary interview but I have no idea what happens next and I've never been in trouble or had anything to do with the law
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No it's just happened
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: Nothing other than we applied to close the business however it was many months before it closed still states awaiting strike off because people are owed money they believe something untoward has happened?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Good evening. Thank you for the question. It is my pleasureto assist you with this. I need some more information from you please.Why are they alleging fraud? Why did the business close? Canwe have as much background detail as possible please? Thank you
Customer: replied 1 year ago.
Hi sure the business wasn't viable anymore that and is not being paid from some suppliers for work carried out meant that there was no cash flow, as soon as we decided to close we applied to companies house to start the process, however a few of the exhibitors are still owed monies and have reported me go action fraud stating it was because they couldn't contact me , the bookings were honoured by another company and they agreed to carry on with the events but for some reason this has raised suspicion, monies were transferred over to the other company after we applied for it to be dissolved
Customer: replied 1 year ago.
The other company realised it wasn't viable either and cancelled all future events , I changed my Facebook personal page as I was receiving threats and people were posting my personal address and where I worked
Expert:  Stuart J replied 1 year ago.
If people had paid money to the limited company and thelimited company subsequently went bust, there is no fraud unless there is proofthat the company was knowingly trading while insolvent and new that even thoughit was taking these deposits, it was never going to fulfil the work. Even then,it is very difficult to prove and in circumstances like that, it’s mostunlikely that you were prosecuted and certainly not for sums as low as £70 orso.If however the money was handed over after you started thewinding up process, that is easy to prove and is fraud.I’m not certain what you say when you say that monies weretransferred over to the other company after we applied for it to be dissolved.If you can explain what you mean by that, I can probably expand or clarify myanswer a little.
Customer: replied 1 year ago.
My sister decided to honour the exsisting bookings so no one would lose out so anyone that had paid we transferred the Monies to her after we applied to have the company dissolved
Expert:  Stuart J replied 1 year ago.
Thank you. As no one has lost any money, I’m not certainwhat the problem is then. I missing something or are the people reported thefraud missing something?
Customer: replied 1 year ago.
Yes there is two people that weren't refunded hence those that made the complaint of fraud
Expert:  Stuart J replied 1 year ago.
Thank you.You said that you attended a voluntary interview but you don’tknow what happens next. It would be for the police to decide whether they wishto charge you and then they would refer this to the CPS to prepare aprosecution.To be honest, based upon what you have told me, I would bevery surprised if it went any further but, as a complaint was made, the policeare under a duty to follow it up.Please do not forget to use the rating service to rate myanswer positive so that I get credit from my time here today. You may think thethread closes after rating but it does not, it remains open and we can stillexchange emails if anything else needs clarification. Kind regards