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Ltd Company owe us over £8,000 and now saying they are bankrupt - please help!
HI, I hope I can get some help on here as we are very stressed by this situation.
My partner worked freelance for a Ltd Company and they did not pay him for 3 months of work. He then stopped working for them in September 2018. At this point they owed him over £5,000 in wages. After many letters to them we took the case to small claims court and won the judgement in January 2019. We then transferred the case up to the High Court to be enforced by The Sheriffs Office. The debt at this point has shot up to over £8,000 with legal costs etc.
The Sheriffs have attended their premises at least twice and the company director claims he is bankrupt and so they cannot enforce. The Sheriffs left empty handed and no money has been gained from them. We have checked on Companies House and there are a few things we do not understand fully:
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As you can see multiple 'strike off' actions have been started and then suspended; does this confirm that the company is bankrupt? Currently the 'Compulsory strike-off' action has been suspended. Also as it has now been over a year since the High Court Writ was given, can we still use it to enforce the debt? We were thinking of changing enforcement companies but are unsure as to if we can still do this with the same judgement.
Furthermore they have a lot of failed companies behind them and keep 'phoenixing' or changing names so does this go deeper than a simple debt and should we pursue it from this 'wrongful trading' angle instead?
Any help at all would be very much appreciated.
Many thanks, Nicky
My partner worked freelance for a Ltd Company and they did not pay him for 3 months of work. He then stopped working for them in September 2018. At this point they owed him over £5,000 in wages. After many letters to them we took the case to small claims court and won the judgement in January 2019. We then transferred the case up to the High Court to be enforced by The Sheriffs Office. The debt at this point has shot up to over £8,000 with legal costs etc.
The Sheriffs have attended their premises at least twice and the company director claims he is bankrupt and so they cannot enforce. The Sheriffs left empty handed and no money has been gained from them. We have checked on Companies House and there are a few things we do not understand fully:
*
As you can see multiple 'strike off' actions have been started and then suspended; does this confirm that the company is bankrupt? Currently the 'Compulsory strike-off' action has been suspended. Also as it has now been over a year since the High Court Writ was given, can we still use it to enforce the debt? We were thinking of changing enforcement companies but are unsure as to if we can still do this with the same judgement.
Furthermore they have a lot of failed companies behind them and keep 'phoenixing' or changing names so does this go deeper than a simple debt and should we pursue it from this 'wrongful trading' angle instead?
Any help at all would be very much appreciated.
Many thanks, Nicky
