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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, hope you are well. Since our last correspondence

Resolved Question:

Hi Ben, hope you are well. Since our last correspondence 4/06/2016, I wrote to my previous employer as advised by you and he has failed to pay or at least make contact to try and resolve this. I have emailed him to confirm I am taking formal legal proceedings. You advised me to make a claim online by going to www.moneyclaim.gov.uk. Is this my best and quickest option. It is now 14 months that I am owed my salary. What if I issue bankruptcy proceedings. My former employer has already set up another company since October 2015 and at present is showing that both the original company EcoAdapt and the new company Incisive are both trading. Please advise. Thank you Salvatore
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hi Salvatore, do you know if the current company is likely to become insolvent at any point soon?

Customer: replied 1 year ago.
Well....I think the EcoAdapt company is or will become insolvent. My former employer has done it several times before! I have written to him and the FD (who is an the investor and resigned from EcoAdapt in Oct 2915) They both formed the new company Incisive Energy in Oct 2015
Customer: replied 1 year ago.
Hi Ben....not sure if you got my last message?
Expert:  Ben Jones replied 1 year ago.

Hi there sorry I was offline by the time you had replied and have only just returned. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

You then have the option of either petitioning to wind up the company or to just issue legal proceedings via money claim. Here is no better or worse option really, it depends on the company and its status and it is very difficult to say which one would be preferable here.

So I suggest you issue the statutory demand, see if that resolves the matter and then you may wish to consider one of the final two options you have to take this further.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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