Final options to recover payment - worth going for debtor questioning option?

[GulDukat]

I'm currently exploring my final two options to obtain payment from a corrupt surveyor who has a judgement against them.

HCEO's are due to visit in the next few days, but there is concern that there may be nothing to seize, and I'm owed thousands.

I'm building up a list of options in the event that the HCEO's are not successful.

1. Freeze assets or money in an account (3rd Party Debt Order)
2. Charge the person’s land or property

Option 2 is very unlikely in this case, as I have serious doubts that a firm running under a limited company would have land or property. It seems very unlikely.

Therefore Option 1 is my preferred choice.

I am contemplating finding out what they can afford to pay, but having read the form (http://hmctsformfinder.justice.gov.u...s/n316-eng.pdf) I'm not up to speed with how this would work.
a) Could the defendant move money out of their accounts well in advance of the hearing - despite the fact that they will need to submit 2 years worth of accounts?
b) If the defendant clearly has geared the business such that there is no money in the accounts anymore, will the courts be able to do anything?

If they have prior notice of their accounts being targeted this gives them time to clear them out ... meaning I get nothing.

If there is no notice of the order, I might actually get my money. Should I go straight for the 3rd party debt order?

[wales01man]

Re: Final options to recover payment - worth going for debtor questioning option?

Is this a LTD company or sole trader or legal partnership this may help others on here who may be able to advise

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

I have also spoken to MRICS who were very interested to know who I was talking about. This would add further pressure, and of course mean that their career as a surveyor would be affected - i.e. setting up another corrupt firm after ripping me off might not even be possible.

So I'm thinking about that option too.

Maybe submit complaint to MRICS and the 3rd party order in parallel? Two pronged approach?

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

This is a firm operating under a LTD company. My contract was with the firm. This contract was breached, and the courts passed judgement in my favour.

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

Is this a LTD company or sole trader or legal partnership this may help others on here who may be able to advise

This is a firm operating under a LTD company. My contract was with the firm. This contract was breached, and the courts passed judgement in my favour.

[wales01man]

Re: Final options to recover payment - worth going for debtor questioning option?

Have you checked the company accounts at companies house?

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

Have you checked the company accounts at companies house?

Yes, they are still trading - if that's what you were referring to?

[wales01man]

Re: Final options to recover payment - worth going for debtor questioning option?

No the accounts last submitted showing the profit/loss and balance sheet they may be deep in debt and just go bankrupt form a new company and stop you getting a penny easily and very often done

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

No the accounts last submitted showing the profit/loss and balance sheet they may be deep in debt and just go bankrupt form a new company and stop you getting a penny easily and very often done

There are no accounts filed, as they are a new company set up towards the end of 2012.

[wales01man]

Re: Final options to recover payment - worth going for debtor questioning option?

How did they trade before that before you spend your hard earned pursuing them check as best you can there is money there?After all you cant get blood out of a stone?Sorry to be a prophet of doom but being a pessimist I always look at failure success is sweet if and when it comes

[GulDukat]

Re: Final options to recover payment - worth going for debtor questioning option?

How did they trade before that before you spend your hard earned pursuing them check as best you can there is money there?After all you cant get blood out of a stone?Sorry to be a prophet of doom but being a pessimist I always look at failure success is sweet if and when it comes

A good point. However, under the circumstances I have no options left anyway. I'm prepared to foot another £100 for a 1% chance of getting my money back. Dual-pressure via MRICS and a 3rd party order might do the trick. I wouldn't forgive myself if I didn't try.

[wales01man]

Re: Final options to recover payment - worth going for debtor questioning option?

Good luck I hope you get your money,make sure you let us know