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Good evening,
I represent a small club trying to get some money out of a debtor who owes us money which was awarded at a County Court last year. This is made up of some hundred pounds for not paying for goods we sold him, and the remainder in Court fees.
Bailiffs have been ineffective, they say he lives in sheltered accommodation with his wife. He says he has no assets and yet continues to trade..
He insists that throughout that he is part of a limited company and that we should be dealing with them, and not him. He says he is part of a consortium in Dubai, and part of an LLB company in the USA, This did not come up in any dealings we had with him before the hearing. He was not registered in Companies House in this country until three weeks after the court hearing where judgement was made against him. He didn't turn up at Court and the case was heard in his absence. He has never offered to the Court that we should not be suing him. A load of tosh really.
We are now going forwards with a requirement for him to attend court and shows his means. We intend to use the N316 form, but I wonder in view of his claim that he is part of a limited company whether we should use the N316a form instead, or even both. His correspondence or signage when he trades does not mention that he is now a limited company nor was this event mentioned, or shown in correspondence until just before we took him to court.
My view is that we proceed with the N316 form as at the date of the judgement he was a sole trader, and that his claims that he is part of a limited company is false. If we used the N316a form we could not complete it as we do not have details of any addresses of either consortium or this LLB associated company.
Views and advice please.
I represent a small club trying to get some money out of a debtor who owes us money which was awarded at a County Court last year. This is made up of some hundred pounds for not paying for goods we sold him, and the remainder in Court fees.
Bailiffs have been ineffective, they say he lives in sheltered accommodation with his wife. He says he has no assets and yet continues to trade..
He insists that throughout that he is part of a limited company and that we should be dealing with them, and not him. He says he is part of a consortium in Dubai, and part of an LLB company in the USA, This did not come up in any dealings we had with him before the hearing. He was not registered in Companies House in this country until three weeks after the court hearing where judgement was made against him. He didn't turn up at Court and the case was heard in his absence. He has never offered to the Court that we should not be suing him. A load of tosh really.
We are now going forwards with a requirement for him to attend court and shows his means. We intend to use the N316 form, but I wonder in view of his claim that he is part of a limited company whether we should use the N316a form instead, or even both. His correspondence or signage when he trades does not mention that he is now a limited company nor was this event mentioned, or shown in correspondence until just before we took him to court.
My view is that we proceed with the N316 form as at the date of the judgement he was a sole trader, and that his claims that he is part of a limited company is false. If we used the N316a form we could not complete it as we do not have details of any addresses of either consortium or this LLB associated company.
Views and advice please.
