They struck off the company that owed you money,
and there\'s a new Ltd at the same address.
Sometimes that\'s a coincidence, shared accountant\'s office, virtual-office provider, family home used for half the high street. Sometimes it\'s a phoenix pattern with personal liability attached to the director under Section 216-217 of the Insolvency Act 1986.
Here are the six signals that distinguish the two, the legal routes open to you, and the evidence pack a solicitor or the Insolvency Service will want before they\'ll act.
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How to tell the difference
The six tell-tale phoenix signals.
None of these individually is conclusive. The more that stack on a single case, the higher the probability that what you\'re looking at is a recoverable phoenix rather than a coincidence.
1. Same directors, or close relatives / known associates as nominees
Direct director continuity is the strongest single signal. Where the new company has a "nominee", typically a spouse, child, or employee, and the original director is still visibly running the business, the courts will look through the nominee arrangement.
2. Trading name "so similar as to suggest an association"
Not just identical names. "Smith Plumbing Ltd" → "Smith Plumbing Services Ltd" is caught. So is "Acme Builders (Bristol)" → "Acme Construction Bristol". The test is whether an ordinary customer would think the two are connected.
3. Tight timing against the original strike-off or liquidation
New company incorporated within weeks or a few months of the original's strike-off / liquidation. The closer the timing, the harder it is to argue the new company is genuinely separate.
4. Same trading activity (regardless of declared SIC code)
Same products, same customers, same suppliers, same website domain or social-media handles, same staff. SIC codes are self-declared and often inaccurate, what matters is what the business actually does.
5. Asset continuity, vehicles, equipment, premises, leases
The new company holds physical or intangible assets that previously belonged to the old. If the old company's van is now registered to the new one without a documented arm's-length sale, that's a transaction-at-undervalue red flag (Insolvency Act 1986 s.238).
6. The old company's creditors get no notice
A lawful name re-use under Section 216 exception 1 requires prescribed notice to all creditors of the insolvent company within 28 days. If you, as a creditor, received no such notice, the director is in breach (unless they qualify for exception 2 or 3, both rare).
What you can actually do
Three parallel routes.
You don\'t have to pick one. These can run in parallel and often reinforce each other.
A. Civil claim against the director personally under Section 217
If the original company went into insolvent liquidation and the director is now in a new company using a prohibited name, s.217 makes them personally liable. Under £10k you can issue a small-claims-track County Court claim yourself for ~£455. Over £10k typically needs a solicitor.
B. Restore the original company and then liquidate it
If the original was struck off rather than liquidated, you can apply for restoration under Companies Act 2006 s.1029 (court order, ~£2,000 total) and then petition for compulsory liquidation. Once a liquidator is appointed, they can pursue s.213/214/216-217 claims using their statutory powers, with costs paid from recoveries.
C. Report to the Insolvency Service, free, public consequences
Submit a "Misconduct of Directors" report via gov.uk. Costs nothing, takes ~20 minutes. The Insolvency Service investigates, and where appropriate applies for a director-disqualification order under CDDA 1986 s.6 (2-15 years, published on a public register). Parallel criminal/disqualification pressure often makes private settlement achievable in route A.
Check all six signals against your case, £167 Forensic Report.
Enter the original company\'s name. We assemble the full picture: strike-off / liquidation details, every director who was on the board in the 12 months before, every other UK company those directors run now, any with a similar name or matching trading activity, any asset continuity visible in filings. The output is the evidence pack a solicitor or the Insolvency Service will actually use.
Start a Forensic Report, £167Frequently asked
The company that owes me money is gone, and there's a new Limited at the same address. Is that legal?
Same address alone is not illegal, registered offices are often shared (accountants' offices, virtual-office providers, family homes). What matters is the combination of signals: same directors or close relatives as directors, similar trading name, same business activity (SIC code), continuity of customers and assets, timing tight against the original's strike-off. The more of those that stack, the closer it gets to a recoverable phoenix pattern.
What's the difference between "struck off" and "liquidated"?
Struck off (also called dissolved) means Companies House removed the company from the register, usually because it failed to file accounts or a confirmation statement for an extended period. It does not necessarily mean the company was insolvent. Liquidation means a formal insolvency process, creditors' voluntary liquidation, compulsory liquidation, or members' voluntary liquidation. The legal routes available to you depend on which one happened.
Does Section 216 apply if the company was struck off rather than liquidated?
Section 216 of the Insolvency Act 1986 applies only to companies that went into insolvent liquidation. If the original company was simply struck off (no formal insolvency), s.216 does not bite, but you may still have routes via Section 213 (fraudulent trading) if the original was insolvent at the point of strike-off, or via restoration (Companies Act 2006 s.1029) followed by liquidation petition, which can then trigger s.216 on the directors if they've already moved to a new entity.
The directors of the new company are different, a relative, or someone I've never heard of. Does that defeat my case?
Not necessarily. UK law on phoenix patterns recognises "nominee" directors. Section 216 catches anyone who is "involved in the management" of the new company, not just those formally listed as directors. If you can show that the named director is a relative, employee, or known associate of the original director, and that the original director is in fact still running the new business, the courts will pierce the nominee arrangement. This is harder to prove but commonly done.
Is it worth pursuing if the debt is under £10,000?
Under £10,000 you can issue a small-claims-track court claim yourself for around £455 in court fees, without needing a solicitor. For Section 217 personal-liability claims that's a viable DIY route if you have clear documentary evidence of the s.216 breach. Many creditors also (or instead) report the breach to the Insolvency Service's Director Conduct Reporting line, which costs nothing and can trigger a public investigation and director disqualification.
How do I report a suspected phoenix to the Insolvency Service?
You can submit a "Misconduct of Directors" report via gov.uk. The Insolvency Service investigates and, where appropriate, applies to court for a director-disqualification order under the Company Directors Disqualification Act 1986 s.6. Disqualification can run from 2 to 15 years and is published on a public register. The original creditor doesn't recover money from this route, but it triggers parallel criminal/civil pressure that often makes private settlement more achievable.
What if the new company has different SIC codes?
SIC codes are self-declared by directors when filing the confirmation statement, and are often inaccurate. What matters is what the company actually does. If the new company's trading activity matches the old one, same customers, same products, same suppliers, the SIC-code mismatch is a sign the directors are trying to obscure the pattern, not that the pattern isn't there.