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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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. A Bailiff I instructed back in July, has told me last

Resolved Question:

. A Bailiff I instructed back in July, has told me last month that the Warrant they have been asked to act on, regarding a Company that owes me money, is unenforceable. They told me that the Company gave them a letter in August saying that the Company was sold back in October 2013 and that there are no cash, goods or assets left. The Company (which is a husband and Wife team have resigned from the Company as Directors and opened another one placing their friends as Directors who apparently have bought the Company I sued and now renamed it to the Company I sued). The Defendant never told the Judge this at the hearing back in April 2014. Looking at the Companies year end accounts June 2014 there is £5,000 roughly showing as profit. I do not know if the Bailiff knows this or even checks this at Companies house records. I am waiting to hear back from the Bailiff as to why they think the Warrant is unenforceable but they are taking a long time to reply. The Defendant told the Judge if his Insurance Company did not pay up by the allocated time period he would pay out of his own pocket. He has lied to the Judge and I decided to get the hearing tape transcribed as I am thinking of writing to the Judge to tell her what is happening. To my mind he is not fit to be a Director and is linked to around 16 Directorships. I would love to have him struck off as A Director. I have contacted Companied house to object to the Company strike off which has been successful and suspended until July. What should I do now? I am owed £4,600 and I have a Judgement to this effect.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Do you have Judgment just against the Company? I assume its Limited?

Customer:

Alex. Yes I do.

Customer:

Yes it is called 01 Property Letting ltd

Customer:

01 Property Letting Ltd (Company number 06289251).

Customer:

03 Property Lettings Ltd (Company number(###) ###-#### ***** ***** new Company setup

Alex Watts :

All you can do is object to strike off

Alex Watts :

If you want to enforce the CCJ you can. By this you can:

Alex Watts :

1) Send in bailiffs

Alex Watts :

2) Secure a charge on any property

Alex Watts :

3) Freeze bank accounts

Alex Watts :

4) Wind up the companty

Alex Watts :

5) Summon the Director(s) to attend

Alex Watts :

But those are the only options you can doing.

Alex Watts :

But you have objected, which is all you can do

Alex Watts :

Can I clarify anything about this today please?

Customer:

Alex. I have already objected to the strike off.instructed a Bailiff.

Customer:

The Bailiff has been instructed but they say the Warrant is unenforceable.

Customer:

How do I summon the Director ?

Alex Watts :

You need to apply order information

Alex Watts :

Let me get the form. The cost is £100 I think

Customer:

Thank you

Alex Watts :

N316a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n316a-eng.pdf

Alex Watts :

Does that help?

Customer:

I will take a look in a minute. I think I know where the Company was banking. Do I just write to the bank/branch enclosing the Court order to freeze the a/c?

Alex Watts :

No. You need to make an application to Court

Alex Watts :

Form N349

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n349-eng.pdf

Alex Watts :

Does that help?

Customer:

If I fill in the n349 form and the Court agrees bank a/c freezing does the Court tell the Debtor or does the form go straight to the Bank to action?

Alex Watts :

You get the form, then you send a copy to the bank

Alex Watts :

Debtor does not get a copy

Customer:

I believe the Debtor went online to Companies House to create the new Company. (Which I think is available evidence at Companies house as he would have had to use an email address to login). Is he doing anything illegal or against the spirit of being a Director?

Alex Watts :

No, you can't stop him forming a new company

Alex Watts :

Can I clarify anything about this today please?

Customer:

The Couple who apparently bought his business he knew back in 2003 so they are friends.

Alex Watts :

Ok

Alex Watts :

But I have outlined the steps of enforcement which you asked.

Alex Watts :

Can I clarify anything else ?

Customer:

Is he in contempt of Court?

Alex Watts :

No

Alex Watts :

He has not disobeyed a Court injuction

Customer:

He also did not tell the Judge at the hearing he had sold his business.

Alex Watts :

Ok.

Alex Watts :

That's still not contempt

Customer:

So as it stands he does not have to pay me?

Alex Watts :

He never had to pay you. The Company does

Alex Watts :

You need to take the steps I have outlined above , re charging on bank account and obtain information

Customer:

Can the Bailiff go back into the Company address armed with the info that the Company had a £5 k asset as at the end of June?

Alex Watts :

Yes.

Customer:

So I think I will do the following..

Customer:

1.

Customer:

Tell the Bailiff about the £5k.

Customer:

2.

Customer:

At the same time fill in both forms.

Customer:

Do you agree?

Alex Watts :

Yes I agree

Alex Watts :

Does that help?

Customer:

Yes

Customer:

Thank you

Customer:

I'm just thinking if there is anything else

Alex Watts :

Great.

Customer:

Do you think he will be struck off as Director now?

Alex Watts :

If this does answer your question can I ask you to rate my answer before you go today

Alex Watts :

If you need more help please click reply

Alex Watts :

Unlikely he will be struck off

Customer:

Even if it was obvious he never intended to pay me back?

Alex Watts :

Yes that is not enough.

Alex Watts :

You would have to show there was some fraud and he would need to be investigated by Companies House

Alex Watts :

This is unlikely.

Customer:

Will the cost of filling in these forms be added to the Court order?

Alex Watts :

Just concentrate on getting your cash back

Alex Watts :

Yes it will be added.

Customer:

Right

Customer:

Good advice

Alex Watts :

Can I clarify anything else ?

Customer:

I think that's it.

Customer:

Thank you Alex

Alex Watts :

Great. If I could ask you to rate then before you go so I am credited time. Thanks

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