Hello my name is ***** ***** I will help you with this.
Is the new company doing exactly the same as the old company please?
Thank you for your prompt response. Yes the new company sells 2nd hand cars, just like the old one.
Ok - then you need to apply to the County Court to pierce the corporate veil.
This is clearly dishonest and if you can show this the Judge can make the dealer personally liable.
Therefore you could charge any assets.
You would need to complete form N208
You are seeking an Order that the corporate veil be pierced in light of the fraud.
Can I clarify anything for you about this today please?
Happy to help
Can you assist with form CPR Part 8? Specifically who fills in the top 3 boxes? "in the" + "Claim no" + "Fee Account no"
Leave that blank
Ok, who shall we submit this form to? Is there a cost associated with the process? In your opinion, can the process be conducted by a layperson?
County Court - the same one that dealt with your claim.
If the matter proceeds to a hearing you do want to make sure you have legal representation
We submitted the original claim through MoneyClaimOnline. Northampton County Court ruled in our favour as the defendant did not contest. So I guess we submit N208 through them again?
Not Northampton, in that case your local County Court
Ok thank you Alex. Is it possible then that we win the case without even having a hearing? (like our 1st CCJ)
No. There will be a hearing because this is not a moneyclaim
But if D does not reply then the hearing will go ahead without him being permitted to submit evidence.
Does that help?
Yes, thank you. Assuming we pierce the corporate veil, what next? Is it a case of re-instructing the Sheriffs to seize the defendant's cars to the value of our claim hoping he does not change company name again during the process?
Well he would then be personally liable.
So you go after him personally - his house, assets etc.
I see. His personal assets would then be seized by the Sheriffs? By us obtaining a 2nd writ of fieri facias through the High Court?
Yes that is right
Thank you. Are Company Houses documents sufficient to prove the defendant was Director of the old dealership and is now Director of the new dealership? Does that prove continuity?
Yes that shows that. I think that will be enough
You also need documents to show assets were transferred from one to the other too
Thank you Alex. We can prove the Defendant dissolved and started a new company. Regrettably we cannot show assets were transferred from his old dealership to his new dealership. He sells 2nd hand cars so by nature his stock is in flux. We have a letter from the Sheriffs listing seized assets (cars) but none of them were registered to the Defendant's company (DVLA informed the Sheriffs of this). Would it be more fruitful to go after his new dealership rather than him personally? i.e. pierce the veil and instruct Sheriffs with a new writ?
The problem is the new dealership has nothing to do with your old complaint. I do not think that that claim would be successful
I understand. Our only strategy then has to be to pursue him personally to recoup our claim. Unfortunately we may have difficulty proving transfer of assets even if we can show the defendant ran both dealerships.
Thank you very much for your advice today Alex. You have been very helpful.
Great. Can I clarify anything else for you?
In your opinion, if we cannot show transfer of assets, are we defeated?
Well it might be worth trying.
But it would not assist your case.
But if you can show it is doing the same thing, using the same or similar name etc, that helps
We will try then. When we fill in N208, is the Defendant the person or his new dealership? Do we put his personal address (obtained through Companies House) or the address of his new dealership?
Dealership and personally.
New address for him yes
Sorry Alex, to clarify, both his home address and his new company address? i.e. 2 addresses?
The one for him to his home address, the one for the company at the company address. So two yes
I see, we fill in two N208 forms then? I did not realise that.
But you name him personally
Ok Alex, thank you.
Can I clarify anything else for you?
That is it for now. Thank you.