Defendant - Insolvent

[Monty22]

Quick question. Will it be a pointless task filing a money claim against somebody who has already declared insolvency ? While looking for an address online I came across the individual on the insolvency register , dating back to March 2020, so I am now wondering how this would affect any such claim.

thanks.

[DE DOGS]

Rather depends on the value of your claim. There are possible funds, property, etc, Not nice but neither is somebody owing you.

[Monty22]

Thanks for the reply. The claim would be in the region of £1000-1500. I wasn’t sure if any judgement could get set aside on the basis that the defendant is already in financial difficulty, or would appear to be.

Thanks.

[atticus]

In general you may not pursue a court claim against a person or company that is in a formal insolvency process. Instead, you should contact the office-holder (trustee in bankruptcy, liquidator, administrator etc) and notify him/her of your claim.

[atticus]

That said, if the cause of action arose after the date of insolvency, you may be able to sue - if your intended defendant is an individual, not a company. But can he pay?

[Monty22]

Yes. My issue started in March this year , so approx 2 years after insolvency. Self employed individual at the time but now I believe he’s back working for a company. Not sure if he’s still getting paid as self employed or PAYE though. My hunch is he owes money to several people after shutting his business down ( car repair garage ) and leaving people in the lurch with half finished cars. I’m not hopeful I will get anything back, but maybe the thought of a CCJ on his record will make him have a change of heart.

[atticus]

He already has a bankruptcy on his record!

[Monty22]

True - lol.

[dslippy]

I do not know the practical implication for you, but it may be that he is discharged from the last bankruptcy.

[Monty22]

Thanks for the reply. I have fired an email over to Citizens Advice to see if they can give any insight into the matter.