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stooly
11-06-2010, 12:13 PM
Hello,

I am a private landlord who used a letting agent to fully manage my property, however, they seem to have stopped trading around April this year judging by the following:

1) phone calls/Emails no longer answered
2) Premises empty
3) Website no longer relates to an estate agent
4) I did not receive rent owed to me for April (thereafter rent was paid direct to me by tenant)
5) Companies House info on the agent states: Status: Active - Proposal to Strike off
6) As of 18 May 2010 a London Gazette first notice appeared


Due to other events that have occurred with the agent I am owed just over £5000 and so I am investigating ways to retrieve the money.

With regard to point 6 above I understand that the company will be dissolved 3 months from said date so the clock is ticking for me to recover the money.

I have sent a letter before action to the business premises, registered office and the address of the Secretary via recorded delivery so know that they got to at least the Secretary address though I have not received any reply and am due to start court action now. Before proceeding with this I thought it would be helpful to gain any advice from this wonderful forum!

So far I have checked with the Property Ombudsman, ARLA, and other official letting and estate agent organisations but neither the branch manager nor the Ltd company name of the agent was a member of any organisation other than NAEA but that finished in April 2008. I have also tried to see if insolvency proceedings against the Ltd company name have already started at county court but so far nothing.

Am I better off waiting for information on who the official receiver is to try and claim my money back and where can I find information on who this is from? Any other advice/info appreciated.

Thanks in advance!

jeffrey
11-06-2010, 13:01 PM
You are an unsecured creditor, it seems. Did the company hold clients' money in a ring-fenced client account?

dominic
11-06-2010, 13:07 PM
But, if the directors were wrongfully trading when they knew or should have known the company was going insolvent, you may be able to sue them directly.

stooly
11-06-2010, 13:20 PM
You are an unsecured creditor, it seems. Did the company hold clients' money in a ring-fenced client account?

Thanks for the reply. How would I be able to determine that?

jeffrey
11-06-2010, 13:29 PM
By asking your Bank the exact name of the bank account into which your standing order rent payments were paid.

thesaint
14-06-2010, 13:39 PM
By asking your Bank the exact name of the bank account into which your standing order rent payments were paid.

The OP is the landlord, not tenant.

jeffrey
14-06-2010, 15:24 PM
OK- then By asking T the exact name of the bank account into which T's standing order rent payments were paid..

johnboy
15-06-2010, 07:32 AM
I believe if you are going to commence court proceeding against the company you do not want the company to be struck out. So you can apply to companies house to suspend the action.

Other more knowledgeble members may be able to advise further on this course of action.

stooly
16-06-2010, 13:34 PM
I believe if you are going to commence court proceeding against the company you do not want the company to be struck out. So you can apply to companies house to suspend the action.

Other more knowledgeble members may be able to advise further on this course of action.

Looks like someone already did that the day after I originally posted:

DISS16(SOAS) 12/06/2010 COMPULSORY STRIKE OFF SUSPENDED




As for the bank account I'm waiting to hear back from my tenants.