Luan Pra bang

I have been trying to get detail of the directors for a company called Olan Mills who owe me a pretty significant amount of money. They have gone into liquidation but I want to Take the UK directors to court as if you request services knowing that you cannot pay then as a director you are personally Liable. The trouble I am having is getting a name and address to use in the court papers. The IP address of the the website is 81.201.139.207 but the whois was inconclusive. Companies house does not list any directors of the company or its holding company. Any ideas ?

KiwiGTI

You have to go through the liquidators.

You will also have to prove that they deliberately didn't intend to pay for them to establish a judgement against them. If they were just ordering stuff in line with their business then you've got no chance. I wouldn't waste too much time.

That name sounds familiar though, who are they?

Luan Pra bang

Photography comapny.

Luan Pra bang

I found out from some of their staff that they had not been paid around the same time they made a booking with us. If they could not pay thier staff then they must have known that they could net pay me which will be the basis for what the court case. The Liquidators refuse to communicate in any way apart from sending the same basic letter they have sen tto every one.

The Chief

If they dont owe you a lot i wouldn't bother. only the main creditors will get anything.

smaller creditors will be lucky to recieve anything

KiwiGTI

You can't do anything anyway until the liquidator makes his report to the DTI and they come to their conclusions. if they find no evidence of wrongful trading, and it has to be really obvious, then there is nothing you can do.

Probably 2 years away at least.

Technically the moment you realise that the company will be insolvent they should cease trading - but in the real world it's not clear cut. I would expect them to have been not paying bills for a long period of time before they would be made liable because of wrongful trading anyway.

j4ckos mate

i speak from experience, my employer went bump, the decent staff got jobs withn the next few days and took most of the business with them.

the boss who ruined it , with his mismanagement, also reapperaed in the industry a few months later and tried to poach them back off us, but they told him to get stuffed, one customer had to pay anothetr 80k to the vat man because of him.

its left laods of bad feeling still because we still have to work with the subbies he left owing money to. and hes telling them it was us but it wasnt it was him that let it go down the pan, and any monthly profit we made was just throwing good money after bad

Luan Pra bang

That is through the liquidators system which is why I want to find the director and get money from him personally.

KiwiGTI

But you can't without a successful ruling from the DTI that he wrongfully traded. That's the whole point of limited liability.

The judge would laugh at you (if you could get it to court) because you need to have the entire company history which only the liquidator will have.

Luan Pra bang

I understand that but It would mean I could go and visit the him and ask him nicely for my cash back.

The Chief

Be very careful here, he could ring the police and you (possibly) be charged with demanding money with menaces!!!


tread carefull here.

How much we talking about here if you dont mind me asking?

Terzo 333

I have all the details but am slighty worried if you go and break the law when you visit them I would be classed as an accomplice

(Paul, Peter, Paddy & Crispin )

Luan Pra bang

I am not really into breaking the law as in the long run it could cost more than its worth but I won't feel happy until I have asked him face to face for my money and called him a **** to his face.

Trout

iTrader: (1)

...and if I was that Director I would countersue for harrassement as well as take out an injunction.

A lot of wise advice in this thread, your only route is via the liquidator, and to win a civil case you would need to be able to prove trading whilst knowingly insolvent, and not paying staff would not be proof of that. You could also end up in a law suit with the company accountants/auditors as well.

I would suggest lesson learned and move on. You may get a percentage of what is owed via the liquidator.

Rannoch

Luan Pra bang

His chances of an injunction will be Zero as will a harrasment charge. Last time I checked asking someone for money they owe you was not a criminal offence. The thing that really pisses me off is the removal of over £4 million from Olan mills holdings and Olan mills Photography which are in Liquidation and transfering the Cash to a seperate company Called Olan MIlls Employee Benefit which is still trading. THis transfer was done over 6 months ago and show that they new what was going to happen well in advance.

Jonto

you need to wait until d forms on directors conduct have been completed.

ps - they are in administration at the moment, not liquidation.

Trout

iTrader: (1)

Asking is one thing - turning up in their doorstep and calling them an a*** is something completely different - your words not mine.

A Ltd company means their liabilities are limited and gives you no right to go around to their house asking for money. You can ask the company (or administrators) which is perfectly within your rights. They don't owe you money, the company does. So go to the company premises and ask for it back. Anything else then an injunction is perfectly reasonable.

As others have already said - stake your claim with the administrators, get in line and wait for a judgement. Even if it is in your favour and they were trading insolvently I would be surprised if there were any personal assets available to you.

Move on.

Luan Pra bang

Legally you are correct but morally I disagree and I will throw my toys out of the pram for a few days before I get over it and move on. The staff of the company were the ones that got really stitched up no christmas pay day just all of a sudden, just before christmas no wages no job . Not nice when one director has been hiring hellicopters on comapny money.

Jamo

iTrader: (23)

here you go

Paul Rivers - Director

Neil Mc Causland - Executive Chairman

sharon barr was the one who hired the helicopter.

Luan Pra bang

cheers. Was that on Oxford online ?

Jamo

iTrader: (23)

cant remember got it as a favourite on my laptop, ile send it to you.

james

Jonto

Incorrect, employees would have been paid from RPO of which part will lodged as a pref claim