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Owed £55k

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  • Owed £55k

    in brief I am owed £55k, but the company persistently ignores all correspondence and efforts to recover any property.

    The last letter to them threatened winding-up proceedings, however within a month of that they applied for voluntary striking off. Companies house have agreed to suspend the striking off until 26 November.

    I would like some advice on which is the best way to proceed.

    Firstly, I believe the directors have committed an offence by failing to inform creditors of the intended application to strike off. (Rule 1006 Companies Act 2006) This is also probably an aggravated offence as
    '(4)A person who fails to perform the duty imposed on him by this section commits an offence.If he does so with the intention of concealing the making of the application from the person concerned, he commits an aggravated offence.'
    I would like confirmation from Companies House that appropriate action is being taken, but I have no idea whether they will even confirm that.

    My next plan is to send sheriffs and that process is currently underway. My concern though, is that they will recover nothing.

    I am also contemplating a statutory demand. Given the attempted voluntary strike off suggests they are keen to avoid being made bankrupt, but have run the risk that I wouldn't find out about the application.


    Is there anything else that I can do to recover my debt or convince the company (directors are husband & wife) to settle the CCJ?
    Tags: None

  • #2
    Re: Owed £55k

    Originally posted by sprogg View Post
    in brief I am owed £55k, but the company persistently ignores all correspondence and efforts to recover any property.

    The last letter to them threatened winding-up proceedings, however within a month of that they applied for voluntary striking off. Companies house have agreed to suspend the striking off until 26 November.

    I would like some advice on which is the best way to proceed.

    Firstly, I believe the directors have committed an offence by failing to inform creditors of the intended application to strike off. (Rule 1006 Companies Act 2006) This is also probably an aggravated offence as

    I would like confirmation from Companies House that appropriate action is being taken, but I have no idea whether they will even confirm that.

    My next plan is to send sheriffs and that process is currently underway. My concern though, is that they will recover nothing.

    I am also contemplating a statutory demand. Given the attempted voluntary strike off suggests they are keen to avoid being made bankrupt, but have run the risk that I wouldn't find out about the application.


    Is there anything else that I can do to recover my debt or convince the company (directors are husband & wife) to settle the CCJ?
    What about , if they have no defence to the claim you have to the monies being owed, then sue them, get judgment get the judgment transferred to the High Court under a writ of Fi Fa and then send the bailiffs in
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: Owed £55k

      Originally posted by sprogg View Post
      I am also contemplating a statutory demand. Given the attempted voluntary strike off suggests they are keen to avoid being made bankrupt, but have run the risk that I wouldn't find out about the application.

      . . . . Is there anything else that I can do to recover my debt or convince the company (directors are husband & wife) to settle the CCJ
      Do you mean you already have a CCJ? In which case as PT says it's bailiff time

      If you go for bankruptcy then you'll have to share what money those Directors have got with all their creditors including the OR's fees so you may not get back what you're owed. I'd be selfish and let the other creditors sort themselves out.

      Comment


      • #4
        Re: Owed £55k

        Originally posted by pt2537 View Post
        What about , if they have no defence to the claim you have to the monies being owed, then sue them, get judgment get the judgment transferred to the High Court under a writ of Fi Fa and then send the bailiffs in
        Thats all been done. Sheriffs are going in.

        But having looked on companies house website they have filed accounts for a dormant company, , showing £0 income, £0 turnover and £0 profit. So the chances of there being anything to seize are minimal in my opinion. However, as the office is rented they must somehow have been paying the rent, so, if that was from a separate account would I be able to go after that too?

        I'm really looking for ideas here above and beyond the norm for recovery of a debt.

        Thanks for the reply.

        Comment


        • #5
          Re: Owed £55k

          I see you have the writ planned already from your post. It would seem sensible to instruct them as soon as possible, so that if there are insufficient assets recoverable to satisfy their debt to you, you can initiate bankruptcy proceedings as soon as possible thereafter. HCEO's do not mess about, so they will soon inform you whether they can recover something, or whether all you owe them is their £60 fee.

          Comment


          • #6
            Re: Owed £55k

            Who was the CCJ awarded against? A dormant company?

            Comment


            • #7
              Re: Owed £55k

              CCJ was awarded against active company. They have applied for voluntary striking off in August but failed to inform me. Companies House confirmed today that this is now suspended to 26 Nov. They have not confirmed that an offence has been committed but stated the matter will be investigated following my objection to the striking-off. As a creditor they (the company) are duty bound to inform me when they made the application.

              Solicitor is slow, but sending writ to me tomorrow so I can send to sheriffs office. Sheriffs are keen to get going and have been provided with photos and information regarding property.

              Comment


              • #8
                Re: Owed £55k

                Originally posted by wales01man View Post
                Who was the CCJ awarded against? A dormant company?
                Does it make a difference if the CCJ was awarded against an active or dormant company? I believe that once I commenced my claim the directors simply started trading through another company.

                Comment


                • #9
                  Re: Owed £55k

                  Good luck sounds like the company directors have the money assets to pay but are trying to get away with paying

                  Comment


                  • #10
                    Re: Owed £55k

                    That's good. Do you think they will have sufficient assets to satisfy what they owe? Also make sure the HCEO's know about the strike off date, as they often enter into repayment agreements, and this would be no use to you.

                    Comment


                    • #11
                      Re: Owed £55k

                      I shall inform HCEO's re the striking off application, why is that relevant?

                      I dont think they have sufficient assets to cover the costs but I believe there are wider implications for the people involved. Whilst they operate a company, effectively selling training, they also have full time jobs.

                      I'm hoping that prosecution by companies house and bankruptcy will impact any future CRB check and consequently their employment. The thought of that to them should be sufficient to want to avoid this and attempt to settle, however, to date they have ignored everything.

                      I do wonder whether the application to strike off was simply an attempt at making everything go away. No company = no debt.

                      Comment


                      • #12
                        Re: Owed £55k

                        [QUOTE=sprogg;370569]I shall inform HCEO's re the striking off application, why is that relevant? Because quite often HCEO's agree to a fixed amount now, then monthly installments of £xx.xx per week / month. This may not be a viable option for you, in which case the bailiffs may need to use a different tactic to get your money if it is there to be got.

                        I dont think they have sufficient assets to cover the costs but I believe there are wider implications for the people involved. Whilst they operate a company, effectively selling training, they also have full time jobs.

                        I'm hoping that prosecution by companies house and bankruptcy will impact any future CRB check and consequently their employment. The thought of that to them should be sufficient to want to avoid this and attempt to settle, however, to date they have ignored everything. Absolutely - if they can see their livelihood disappearing in front of their own eyes, it will focus their minds somewhat.

                        I do wonder whether the application to strike off was simply an attempt at making everything go away. No company = no debt That is a distinct possibility.

                        Comment


                        • #13
                          Re: Owed £55k

                          Id tell the HCEO not to make any deals full stop, that would be my approach.

                          If you have the CCJ, then get it over to the Sheriff and get them to transfer the judgment up the High Court, they will do it fairly quick, they did for me a while back when i wanted a costs order enforcing.
                          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Ptilley@wannops.com .

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #14
                            Re: Owed £55k

                            Just another thought.

                            Given my claim was based on a false misrepresentation, which is effectively fraud, would there be any benefit in reporting the matter to the police?

                            I am not the only one thats affected but am the only one taking the action.

                            Comment


                            • #15
                              Re: Owed £55k

                              I have also discovered that the director of the company has his home address listed in company reports and on various websites, creditgate.com etc. So, with this information can the sheriffs legitimately visit the home address and remove property from there too, if they cannot collect payment?

                              Comment

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