Air Asia in the UK?

[Wonderme]

I understand. I am really asking though, can I issue proceedings against him?

Also, on Companies House, unlike other companies marked as dormant, Airasia Europe is marked as active, with (dormant) written after their 'filed accounts' entries only.

Is this difference significant? Is it because there are shares listed in the accounts which are worth, I think, a total of 10K?

[Wonderme]

Could I threaten to make this company bankrupt?

[atticus]

Remind me please, what is your claim against this company?

[Wonderme]

Remind me please, what is your claim against this company?

Oh sorry. I have two default judgments issued against their parent company which has an office address in the UK for legal service, listed on Companies House which they don't ever use.

Sick of trying to obtain payment, I discovered they have setup a company Airasia Europe based in an address with an accountants named Blick Rotherberg in London. This address is listed on their Companies House entry - which is where I got the accounts, officers names, etc.

I pursued this accountant for months, given that Airasia Europe are using their address, and given that the CAA advised me that Airasia are also using this address with them, seems Airasia Europe if acting in a 'financial instrument' capacity.

I have heard back from Airasia, after starting a clam against Airasia Europe and Blick Rothenberg jointly, and they stated they would make payment, and then told me several times payment was forthcoming.I cancelled that new claim. Then radio silence, for weeks - oddly, around the time that their latest dormant accounts were filed in May.

They're a terrible airline and I am determined to hold them responsible, even looking at making them bankrupt, pursuing company officers, taking them on in their other countries, etc.

Total of the two defaults, with interest, is about £800.

[atticus]

You may serve a statutory demand against the judgement debtor, as the judgement debt exceeds £750. If the demand is not complied with, you may then issue a winding up petition. You will need to pay a Court fee of £302, and deposit against Official Receiver's fees of £2,600, none of which you will be certain of getting back.

Lawyers often comment that you can't get blood out of a stone.

Have you investigated whether it will be possible to enforce this judgement in this company's home jurisdiction?

[Wonderme]

I will investigate this ASAP.

Thank you for your advice and help.

I would think that if they are using this company or both companies for financial reasons, then having them wound down would be more trouble than it was worth for them, as well as me.

[Wonderme]

There has been some activity by Airasia with filings on Companies House the last couple of weeks. See attached.

Company is also still marked as active despite filing dormant accounts.

Do these new filings change anything? With regards taking them to small claims and having them pay the previous judgements I have against them?
Anyone know?

[wales01man]

Locks like they have no assets or money share capital is £100

[atticus]

Is this the entity against whom you have obtained 2 judgements?

[Wonderme]

I obtained against the Airasia in this screenshot. AIRASIA X SDN. BHD.

[atticus]

So why are you bothered about this other company?

[Wonderme]

So why are you bothered about this other company?

I am pursuing payment of the judgements via their UK representation at the Airasia Europe address - it is an accounting firm name Blick Rothenberg.

[Wonderme]

The accountant whose office is allowing Airasia to use their current address in London and it is this address on Airasia's Companies House entry - are they responsible for allowing Airasia to use their office address as the official address for service of documents?

[R0b]

When you service the claim form and other documents, you need to comply with the requirements of the Civil Procedure Rules, namely rule 6.3 and 6.9, unless the company has given details of an address to serve the claim form to their legal representative's address.

Looking at Companies House, AIRASIA X SDN. BHD is listed as an overseas company but has a UK establishment office address being 81 Oxford Street, London, W1D 2EU. Therefore, you have two options you can rely on for serving the claim form (in the event the airline argues that service of the claim form was not valid):

1. Section 1139(2) of the Companies Act 2006 allows you to serve a document on an oversease company to the registered address in the UK authorised person or, if there is no such person, to the place of business in the UK e.g. the above address.

2. Similarly you could rely on CPR 6.9 in the table set out, option 7 would be the alternative argument (link here for ref).

[atticus]

You can also serve a company at its registered office: s1139 Companies Act 2006.

s1140 contains similar provisions in relation to service on company directors. This is useful if the director lives overseas!