Yes I understand. You need to make an application to the Court to pierce the corporate veil to go after the Director(s)
Does that clarify for you?
You would need to make an application on Form N244
The Court would then consider this. It would also be sent to the Defendant.
Details: As the defendant no longer exists officially, would I put in the company details or the names of the directors? (Same for the claim number - do I keep the old one?)
Point 3: "What order are you asking the court to make and why?" - Do I answer "an application to the Court to pierce the corporate veil"
Point 4: “Have you attached a draft of the order you are applying for?” – What does this mean and do I need to prepare this to strengthen the case?
Point 5: “How do you want to have this application dealt with?” – What does this mean?
Point 8: “What level of Judge does your hearing need?” – Is the answer just ‘County Court’?
Point 9: “Who should be served with this application?” – Would I list the company and the individual directors and their solicitor to cover all bases?
Point 10: “What information will you be relying on, in support of your application?” – I have my original court bundle, and can do a search on Companies House for the directors histories (which I believe will show they have done this before), and my own Witness Statement. Would I benefit from anything else (another WS by another party perhaps?) or are any of these inappropriate to be included? Also, what is a ‘Statement of Case’ and would this be better than a Witness Statement?
Apparently there are notes to help me with this form but I cannot find them on the website (actually I cannot find the form at all using their search facility and do not understand why it comes up with “no results” when I type in N244?!)
You said you had a trial date. Therefore you just make the application in the current proceedings.
Yes that is what you put on point 3.
Can I clarify anything else?
Just the above realting to points 4-10 (did they come up for you?) and if you know where I might find the guidence notes.
Sadly not. However your main question was what can you do.
You are more than welcome to ask me for help to complete the form, but might I invite you to ask a new question for that?
Please put for attention Alex W and I will be pleased to assist.