Can someone help me with legal advice to do with post Small Claims Court.
I won a county court judgment against a company that failed to pay me for a piece of design work I completed successfully last year.
They were given a 14 day period to pay up the debt. The 14 days are up, and it looks like they are trying to exit not paying by details below listed in an email note to me after court hearing from them:
Dear Kishen, I am yet to receive copy of the judgement you obtained against XXXXXXX XXXXXXX Ltd in Kingston County Court on 25 June 2013 ( this is a lie they received it the same time as me), in the order of approx £X,XXX. I regret to inform you that any such order has rendered the company insolvent and it will not be able to meet this demand. The only asset the company has is a paper copy of your presentation. I have convened a meeting of the directors/shareholders in order to discuss the possibility of recapitalising the company. In the event that there is no appetite for such action, I would recommend that we dissolve the business forthwith. I shall keep you posted. Kind regards, XXXXX XXXXX
My next option is to file a Warrant of Execution via court to instruct Bailiffs to reciver the debt (+£100 fee for filing). The problem with this is that this will probably mean nothing as the Ltd. company the defendant owns is listed under a residential address. I have been told that the bailiffs cannot enter to enforce the law. Therefore I would lose the money and purpose of the warrant due to this issue.
I feel helpless. Even though I won the case, it feels like these guys can get away with this technicality and by declaring insolvency. One of the directors owns two other active Ltd. companies and also has a previous record of dissolving over 20 other businesses of his own.
They have not filed any company accounts since starting the Ltd. company in 2011
What are my options and rights on how to get back the debt and what option are available to me to uphold the law, which is on my side?
Can they get out of paying this debt?
Can I stop them closing their business before recovering the debt owed.
They tried to pay me for the work, then cancelled the cheque afterwards. Does this not mean they had assets and cannot do the insolvency route?
Yes they are as i thought I said on note above - did you read it?
Yes they are as I thought I said on note above - did you read it?
Is this all I get after waiting many hours for a reply?
Thank you for your thoughts.
With the greatest respect I did give details that this was a was Limited company, and I didn't show any names as I understood that this was a public place for questions.....Why would I have said the details below for example? :
'They have not filed any company accounts since starting the Ltd. company in 2011'
Obviously I'm trying to get the money back from the debt after a year of waiting and the fact that the judge gave the decision in my favor. As I have no legal training, I wanted to know what options were available to me.
They tried to pay me with a cheque originally, then cancelled it does this not mean they had assets - therefore cannot do insolvency ?
I am disillusioned with the Small Claims process. What is the point of it if, any Limited company status can be used as loophole to get away from this kind debt?
Please cancel the question - thanks you.