owner of fabutan owes me £5000

[star]

i took out a ccj on this individual who is a sole trader for fabutan..its a small beauty salon she runs.two years ago i lent her the sum of £5000 for the rent on the shop.
Then she decides to lie to me and say i gave her the money as a gift which she knows was a loan,hence i went down the small claims procedure.
I even sent out the high court enforcement officers to deal with her,but they had no luck with her as she keeps telling them she has no money..
Now this person is telling me there going to file for bankruptcy .but i also find this hard to believe as shes lied bout many things...
i now no longer send bailiffs on her...
but i would appreciate any help if there is another way to getting back whats mine
i realise now that she never had the intention to pay me back.
but i have to try get back whats rightfully mine

ps its hard to talk with this one as she screams and barks over me when i try talk to her...

[wales01man]

Re: owner of fabutan owes me £5000

If they do go Bankrupt its probably Bye Bye to the money

[star]

Re: owner of fabutan owes me £5000

if she is serious bout going bankrupt would the official receiver get in touch with me and let me know shes doing this as im a creditor she owes money to?

[FlamingParrot]

Re: owner of fabutan owes me £5000

When people go bankrupt, they have to list each and every debt they have, leaving anything out is an offence. Having said that, when people choose that route it's usually because they have no assets and creditors don't usually get much out of anyone's bankruptcy. Otherwise you, as a creditor who's already got judgment against her could serve her with a statutory demand, followed by a BR petition, but it would be a risk and you may not get anything back. There's just no way to extract blood out of a stone.

[dogtired]

Re: owner of fabutan owes me £5000

Would it also depend if the OP had something in writing that proves a debt exists?

[MissFM]

Re: owner of fabutan owes me £5000

Would it also depend if the OP had something in writing that proves a debt exists?

I understood the OP to say that she had a CCJ ?

i took out a ccj on this individual who is a sole trader for fabutan.

and it's highly likely correct that if the debtor goes BR the OP would be lucky to get a few pence in the pound.

However, if she does have the money and just doesn't want to give it back I think the only way would be through the HCEOs.:tinysmile_hmm_t2:

[MissFM]

Re: owner of fabutan owes me £5000

One other thought is that if she is a Sole Trader rather than operating as a Ltd. Company it would be far less attractive for her to go BR unless she really doesn't have the money (people seem to be able to serially bankrupt their Ltd. Companies. if so minded whilst going from strength to strength in their personal lifestyles - in fact in some quarters it's considered a perfectly legitimate business model )

[seduraed]

Re: owner of fabutan owes me £5000

Are there no tanning booths no comuters no booking forms no client list? If these could be obtained surely they have a market value and will put end her shop. If she does go bankrupt then I fear bye bye baby to your money .

[seduraed]

Re: owner of fabutan owes me £5000

is this the fabutan in cambridge?

[dogtired]

Re: owner of fabutan owes me £5000

Sorry, missed that

[star]

Re: owner of fabutan owes me £5000

Yes ..this is the Fabutan in Cambridge..and as far as i know shes still running the shop..this is horrible news to hear...and everyone told me from day one she never had the intention to pay me back..but the owner of fabutan has been telling me for sometime now she would give it back to me when things pick up for her..but i think really she fooled me.and i made a mistake for trusting her....

[star]

Re: owner of fabutan owes me £5000

shes also bitter at the fact i took out a ccj on her,and blames me for it..but i had to go down this road to try get back whats mine.and i know shes only got herself to blame..

[star]

Re: owner of fabutan owes me £5000

also when i lent her the sum of £5000 she told me it was for the rent on the shop which comes out every 3 months.it is proven in the courts that she owes me this money..but i dont know really what she spent the money on or if the sum of £5000 is really the rent amount for 3 months..this also could of been another lie from her...

[star]

Re: owner of fabutan owes me £5000

the stupid thing is when she told me she was going to declare herself bankrupt.she was asking me if i like to buy her business for £10,000 in total,she was asking me to give her another £5000 and to take the £5000 she already owes me making it come to £10,000 to buy her business,which is so ironic..she claims shes £5000 behind on the sunbeds.my reply to this was im not going to buy a failed business and doing business with her is bad news full stop...its just crazy shes asking more money from me when she already owes me a large sum..she tried to convince me it would be a clean slate and i would make a profit,this is another lie.and her trying to sell a business in debt is that not a crime?

[Amethyst]

Re: owner of fabutan owes me £5000

Was the claim in her business name?

If so the enforcement officers should have been able to levy on her business goods - unless they are all on HP/belong to the franchiser of course.