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Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

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  • #1

    Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

    Hi Everyone,

    After getting judgement and after the first attempt by high court bailiffs to recover payment, I have been told that there may be complications because my judgement is against a firm and not it's parent company. The current Writ of FiFa is also only against the firm.

    Basically the limited company has two firms attached to it, and it is one of those firms that my judgement is against. I am really concerned that I have wasted all my time and money making a claim against the wrong organisation.

    Is there any way to get the judgement transferred to be against the parent company? How would this be handled? I'm seeking legal advice at the moment, but the more views I have the better. This is really getting me down as it's taken months to get to this point even.

    Any help would be appreciated. I can't believe they might get away with this after all this time.
    Tags: None
  • #2
    Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

    The HCEO should be able to advise you on this.
    • 1 thank

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    • #3
      Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

      Hopefully they will be able to advise. Basically the turned up at the business address only to find they had moved, and have asked me for permission to attend. I of course said yes. They also said that the director of the business was on holiday and did not get back until next week, so the Officer will only return at that point.

      So the question is, how will that conversation with the company director go? I have no idea, but I'm told the director could claim that the assets belong to the parent company, in which case the bailiffs won't be able to take anything and I'll be stuffed.

      I've just got some legal advice through my employee help-line and they say that you can't get a judgement transferred to another parent company. All I could do is server a winding up petition, which would ultimately end up costing me £220 to serve. If they still hadn't paid after 21 days what would be the point in paying another £700 to close them down if I don't get payment? It would be pointless. The parent company could just set up another business and carry on ripping people off as they have done with me.

      Comment

      • #4
        Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

        Here's an article that may help.

        http://thesheriffsoffice.com/article...correct_entity

        Comment

        • #5
          Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

          Thanks for this. Looks like I messed this one up.

          Comment

          • #6
            Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

            Although it does say "Sue the company you have a contract with", so I don't think I'd have been able to sue the parent company in the first place.

            Is it really this easy to be corrupt in business and make money hand over foot? Astonishing.

            Comment

            • #7
              Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

              If they are using a shell company in order to evade action or liability, this may be fraudulent.

              See https://www.gov.uk/complain-about-a-limited-company
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

              • #8
                Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

                The HCEO really should have taken you through this first before accepting your Judgment. There again some of them cannot see passed the £ sign.

                Comment

                • #9
                  Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

                  My only option after this is a 3rd party debt order by the looks of it. Getting their accounts examined will only buy them time to empty the coffers surely. They are continuing to do business so have money somewhere.

                  Comment

                  • #10
                    Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

                    If its legal for companies to operate like this so be it will finding they are acting fraudulently get the money for the OP?
                    • 1 thank

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                    • #11
                      Re: Can I get a Judgement transferred up from a firm to the parent (Ltd) company?

                      Originally posted by ploddertom View Post
                      The HCEO really should have taken you through this first before accepting your Judgment. There again some of them cannot see passed the £ sign.
                      You could be right there. Too late now though. Another £120 down the toilet I think.

                      If the firm had any assets, am I right in that the bailiffs could get hold of these via questioning of the director?

                      Basically my two options left are:
                      1. Land & Property.... and I think they'll have zero.
                      2. Money from accounts.

                      No options left unless I'm missing something.

                      Comment

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