I signed a contract with a company who owe me money but now trade under another name - can I sue?

Question

Company is a recruitment firm and the employee they placed with me left during the rebate period. I am entitled to a full refund 6K or so, but the company no longer seems to be trading under the name i signed contract and is de-registered at Companies House. Although I know they are still trading under a different name.
They are not taking my calls or returning emails.

Answer 1

Sadly, if they were a registered company (with limited guarantee), you have no chance of any money as it is the company (which no longer exists) that is liable. However, if you can prove that the Directors are now trading in a different name and have done so with the intention of avoiding their debts rather than genuine insolvency, you can try to sue the individual Directors that are named. In addition, it would be in everybody's interest if you make an official complaint to the "Companies Administrator" at Companies House. Inform them of the details and if my suspicion is correct, Companies House will shut the company down and get a Court Order to prevent those Directors from trading for a few years. In addition, if the new company is trading in the same manner, in the same industry as previously, you can definitely sue the company as you can prove that there was no change in the operation and that the company has only changed in name and therefore the current company is liable for any action that was taken by the old company. For this to apply, the company must still be employing the same staff, from the same premises and by the same Directors. To save you some money, it may be worthwhile for you to write directly to the Chairman and the Company Secretary. Make them an offer of settlement. I would suggest that you offer to allow them to settle their debt for £4k, and inform them that unless the debt is settled within 14 days of the date of your letter, you will take legal action and seek a "Bankruptcy Order" against both the company and it's Directors as well as request that both the Companies Administrator and Trading Standards investigates the said Directors and their running of an unviable business. The threat alone should be enough for them to settle, if not I would suggest that you go ahead with your threat. Good Luck!