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my name is ***** ***** I will help you with this.
Do you have Judgment just against the Company? I assume its Limited?
Alex. Yes I do.
Yes it is called 01 Property Letting ltd
01 Property Letting Ltd (Company number 06289251).
03 Property Lettings Ltd (Company number(###) ###-#### ***** ***** new Company setup
All you can do is object to strike off
If you want to enforce the CCJ you can. By this you can:
1) Send in bailiffs
2) Secure a charge on any property
3) Freeze bank accounts
4) Wind up the companty
5) Summon the Director(s) to attend
But those are the only options you can doing.
But you have objected, which is all you can do
Can I clarify anything about this today please?
Alex. I have already objected to the strike off.instructed a Bailiff.
The Bailiff has been instructed but they say the Warrant is unenforceable.
How do I summon the Director ?
You need to apply order information
Let me get the form. The cost is £100 I think
Does that help?
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?
No. You need to make an application to Court
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?
You get the form, then you send a copy to the bank
Debtor does not get a copy
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?
No, you can't stop him forming a new company
The Couple who apparently bought his business he knew back in 2003 so they are friends.
But I have outlined the steps of enforcement which you asked.
Can I clarify anything else ?
Is he in contempt of Court?
He has not disobeyed a Court injuction
He also did not tell the Judge at the hearing he had sold his business.
That's still not contempt
So as it stands he does not have to pay me?
He never had to pay you. The Company does
You need to take the steps I have outlined above , re charging on bank account and obtain information
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?
So I think I will do the following..
Tell the Bailiff about the £5k.
At the same time fill in both forms.
Do you agree?
Yes I agree
I'm just thinking if there is anything else
Do you think he will be struck off as Director now?
If this does answer your question can I ask you to rate my answer before you go today
If you need more help please click reply
Unlikely he will be struck off
Even if it was obvious he never intended to pay me back?
Yes that is not enough.
You would have to show there was some fraud and he would need to be investigated by Companies House
This is unlikely.
Will the cost of filling in these forms be added to the Court order?
Just concentrate on getting your cash back
Yes it will be added.
I think that's it.
Thank you Alex
Great. If I could ask you to rate then before you go so I am credited time. Thanks