Penalty from Companies House

[Ross365]

I have a Limited Company, which hasn't traded for ~10 years, and I normally wait for the email reminders from Companies House to send in the two annual returns (which show no change from year to year).

This summer, the email reminders were not received, so the returns were late and they now want a penalty payment of £375. I have the reminders sent to two quite separate email accounts and neither came. Companies House have not commented on my claim the emails did not come.
I suspect that there is no option but to pay the penalty, but just wonder if anyone else has been down this route?

 

[Craig-SM]

They’re only a reminder, it’s your duty to file the confirmation statement which is the same time every year. You would have been notified too of your first penalty of £100 before you reached the next penalty of £375

if the company hasn’t traded for so long, why don’t you close it down?

 

[Kayos]

They’re only a reminder, it’s your duty to file the confirmation statement which is the same time every year. You would have been notified too of your first penalty of £100 before you reached the next penalty of £375

if the company hasn’t traded for so long, why don’t you close it down?

This

£8 to close a Ltd company online

 

[mike os]

Unfortunately it is your responsibility just like hmrc .... any reminders are a service not a requirement

 

[Ross365]

No reminders for the returns and no advice of incremental penalties.

 

[Kayos]

No reminders for the returns and no advice of incremental penalties.

But if the company is active the returns are due every 12 months, so is a reminder necessary?

 

[Craig-SM]

No reminders for the returns and no advice of incremental penalties.

The only way out of a penalty is for circumstances out of your control. Not getting a reminder from Companies House isn’t out of your control as already stated it’s the same time each year and done so for many years previously.

Good luck with your appeal but I doubt you’ll get far with it.

 

[Ross365]

Returns are required even when a Company is not trading. CH Website make a splash of recommending people to use there free reminder service. So, I got a reminder for the return which was due in May this year and filed on time, but not for the one due in June. I suspect that a lot of small or dormant business do rely on the reminders, but clearly, that's not a good idea. Remember that for a dormant company, there is no money to pay on these returns, so no reason to want to delay them.

 

[Endeleus]

Suck it up - it's part of your legal responsibilities as a company director, (not what you want to hear, sorry!), and as others have stated, it's the same date every year. Companies House are usually pretty quick to issue a First Gazette notice these days if the Confirmation Statement (formerly Annual Return) isn't file on time.

If the company hasn't traded for 10 years is there a reason you haven't closed it?

Re the email reminders, Companies House have been in a transition period to a new Webfiling system for a while, which may explain email reminders going missing, but you shouldn't rely on email reminders for statutory filings. I don't think that would wash with HMRC if I forgot to file my tax returns.

 

[pedrobedro]

Tell them it's because of Covid, it seems to be a universal excuse for everything. You should have received your first penalty warning, do they keep a record of sending it out ?

 

[GKQ]

As people have said it's your fault. But I would phone them up and talk to someone they can even help close it down for you. I had a similar problem when I left the UK, my accountants screwed up closing my company and I got numerous fines but the staff where very helpful and cancelled them for me and helped close the company properly.

Graham

PS dont rant and rave thats what everyone does to them be nice, act ignorant and they will help, people love feeling superior.

 

[Ross365]

As people have said it's your fault. But I would phone them up and talk to someone they can even help close it down for you. I had a similar problem when I left the UK, my accountants screwed up closing my company and I got numerous fines but the staff where very helpful and cancelled them for me and helped close the company properly.

Graham

PS dont rant and rave thats what everyone does to them be nice, act ignorant and they will help, people love feeling superior.

Yes, Graham; If I can grovel and get at least some percentage reduction, that would be a result.