Transavia Air - won my claim, but they won't pay

[Jahn]

1)There are no agents running the company against whom you won a default judgment.
The company is dormant.

2) To what end? But the answer is NO as you need to be owed £750 to apply to wind a company up (which by the way is not cost free!)

Well, I took them to Court again and won a claim for £520. Total owed is now £845. How would I wind their company up, or threaten to?

[des8]

Presumably this was an undefended default judgement?
What was the exact name of the company against whom you won?

A creditor has to petition the court for the company to be wound up*
If a winding up order is granted then the Official Receiver is appointed to liquidate any assets and undertake an investigation.

The process for petitioning the court can be found here:*https://www.gov.uk/wind-up-a-company...owes-you-money

As said previously it is not without cost to yourself, plus all the stress...........

[MIKE770]

dangerous ground for cost if you loose???
*

[Jahn]

Hi des8*thank you for your response and help with this. Yes it is the same company as previously used - Transavia Air LTD in the UK. This is the named Defendant on the first Judgment which Transavia in the Netherlands then promptly paid. I now have two more judgments agains this company totalling £845 and my thinking is that I can use the threat of having their UK arm wound up to force payment?

[des8]

You can try

[Jahn]

You can follow all sorts of routes, but I just wonder if it is worth all the hassle.
That is your decision alone!

Looking into it more deeply:
Against whom exactly did you win your claim?
Transavia Air Ltd is not the same company legally as Transavia Airlines C,V, (which is 100% owned by KLM)
Transavia Airlines C.V. owns two subsidiaries Transavia Netherlands and Transavia France
According to Company accounts Feb 2016 there is one shareholder for Transavia Air Ltd viz Avalon Services Ltd which goes back to a company in the Bahamas

I think you were lucky to get your first claim paid as you probably sued the wrong company!

Is this a holding company for tax reasons then? do you think? There is a Margaret Louise Janke listed as an officer, can I hold her to account for this?

[des8]

Your judgements are against a company, so you cannot enforce them against its officers.
You would need to take action against the officer and sue her personally for actions carried out on behalf of the company
Don't go there!
*

[Jahn]

How can i find out if it is a holding company?

[des8]

Which particular company are you interested in?

You have won your claim against a dormant company that has assets of £1
The single director lives in South Africa.

[MIKE770]

could fly over to South Africa and demand your money???? told you before move on

[Jahn]

Transavia Airlines.

[MIKE770]

Transavia Airlines.

be interesting lol
*

[des8]

AFAIK*Transavia Airlines C.V. owns two subsidiaries Transavia Netherlands and Transavia France
There appears to be no connection to Transavia Air Ltd

IMO you were fortunate to have your first claim paid.
Probably it was so (comparatively) small it wasn't scrutinised properly and just got paid

[Jahn]

Could i serve Transavia care of parent company KLM in the UK? They have a service address here. I have read that Iberia, a Spanish company, receive documents for service via International Airlines Group here in the UK, in much the same way.

[R0b]

Not that I'm trying to be funny, but I think we've already answered that question in previous posts.

You can serve a claim, or documents related to legal proceedings on anybody you so wish. However, in doing so you are not complying with the Civil Procedure Rules and therefore you run the risk that if judgment is obtained or enforcement has been carried out and they wish to challenge you, then you could be liable for all costs incidental to their challenge.

Just to be clear, the Civil Procedure Rules all legal proceedings in England and Wales including service of the claim form and other documents. If you want to step outside of that and serve as you please then that is up to you.

I would refer you back to my post #6 for clarification.