keystone
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Post by keystone on Feb 25, 2020 13:45:46 GMT
A business borrows £40K+ from a P2P company, pays back half and then ceases payments and applies for Voluntary strike-off at companies house. The P2P company receives no communications from the business, an objection to strike off is made, not sure by whom, but 3 months later the company is stuck off the register. The business directors are based outside the UK, within the EU. Can the P2P company still pursue the business/directors for the unpaid debt? I was under the impression that the whole point of objecting to Voluntary strike-off is to allow you to pursue the P2P company's claim against the business/directors? Has the P2P company messed up presuming it was them who objected by perhaps not providing anything to back up the objection?
As a lender it seems I am just giving my money away to businesses who seem to find it easy to borrow the money and choose to not pay back.
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ilmoro
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'Wondering which of the bu***rs to blame, and watching for pigs on the wing.' - Pink Floyd
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Post by ilmoro on Feb 25, 2020 16:39:34 GMT
A business borrows £40K+ from a P2P company, pays back half and then ceases payments and applies for Voluntary strike-off at companies house. The P2P company receives no communications from the business, an objection to strike off is made, not sure by whom, but 3 months later the company is stuck off the register. The business directors are based outside the UK, within the EU. Can the P2P company still pursue the business/directors for the unpaid debt? I was under the impression that the whole point of objecting to Voluntary strike-off is to allow you to pursue the P2P company's claim against the business/directors? Has the P2P company messed up presuming it was them who objected by perhaps not providing anything to back up the objection? As a lender it seems I am just giving my money away to businesses who seem to find it easy to borrow the money and choose to not pay back. Probably have to go to court to get the business reinstated
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scooter
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Post by scooter on Mar 3, 2020 15:37:00 GMT
out of interest how do you know someone objected?
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keystone
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Post by keystone on Mar 4, 2020 9:36:20 GMT
Companies house, voluntary strike-off was suspended by the registrar after an objection was received. Three months later the company was struck-off.
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scooter
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Post by scooter on Mar 4, 2020 14:34:56 GMT
Ok, I've never seen an objection noted before. I have complained to FC about 2 of their loans allowed to be VSO when they were owed money. They responded with "we don't always get to know about it." It could be that the person who objected got paid and that was why it continued.
Yes, they can still pursue the Guarantor and if that person was a director of the VSO business they could face prosecution so should cooperate (maybe)
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keystone
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Post by keystone on Mar 4, 2020 16:20:05 GMT
Ok, I've never seen an objection noted before. I have complained to FC about 2 of their loans allowed to be VSO when they were owed money. They responded with "we don't always get to know about it." It could be that the person who objected got paid and that was why it continued. Yes, they can still pursue the Guarantor and if that person was a director of the VSO business they could face prosecution so should cooperate (maybe) Ah, that makes sense, they probably had more than one person they owed money to. Hopefully they can still pursue them if they can find them. FC have now paid for a trace service, Being EU nationals I assume unpaid debts can be pursued across EU borders, well at least until the end of the year.
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Post by propman on Mar 5, 2020 10:32:50 GMT
If they were struck off, then the Directors are personally liable although it is necessary to go to Court to enforce this.
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