Company trading but dissolved

luain

Registered User
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55
Hi, I bought an item (€600) from a company that was faulty and I returned it (Nov 14) with a verbal agreement of refund from the company I bought it from. With no sign of refund (calls unaswered etc.) I intended to use the small claims court but having read their guidelines of checking company details with CRO, found it had been dissolved in 2008. So my attempt at the small claims is gone but should I report this company to the CRO or is it all buyer beware? I just want to stop someone else being conned!
 
CRO have no interest in your claim. As the company is disolved, you are just wasting your time progressing the claim any further.
 
The CRO would be very interested if a company which is dissolved is still trading, although they won't care about your claim. Do you have an invoice?

Are you absolutely sure it is the same company. They could be trading as a sole trader but with a similar name to that of the old limited company
 
If the company is dissolved, and it continues trading, then the directors are deemed to be trading personally.

Jim Stafford
 
The Court registrar came back to say that he would serve papers if asked, but if the papers were returned it would be a dead end. I think I will try this before going to the CRO

The CRO would be very interested if a company which is dissolved is still trading, although they won't care about your claim. Do you have an invoice?

Are you absolutely sure it is the same company. They could be trading as a sole trader but with a similar name to that of the old limited company

Yes DB74 I have invoice and payment record, I even sent the item back by registered post and the "M.D" signed for it, so my paperwork is good, I even took pictures of the item before returning.
 
CRO would have zero interest in a company that has been dissolved, as they would have done their job at that stage i.e. struck off the company. However, ODCE might have some interest IF the dissolved company had creditors that remained unpaid at date of strike off. In such a case they could take steps to disqualify the directors.

Jim Stafford
 
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