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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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A PERSON WHO WAS TRADING IN THE UK AND USA AS RECIEVED MONIES

Customer Question

A PERSON WHO WAS TRADING IN THE UK AND USA AS RECIEVED MONIES FOR GOODS AND SERVICES WHICH I HAVE NOT HAD WHAT PROCESS DO I TO DO IN MAKING HIM BANKRUPT?
THANK YOU
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Where is this person based? US or the UK?
Have you served a statutory demand?
Kind regards
AJ
Customer: replied 2 years ago.

HI, DONE EVERYTHING POSSIBLE TO TRY AND RESOLVE THIS SITUATION WITH HIM. STATUTORY DEMAND WAS SERVED. HE IS CURRENTLEY IN THE USA

has he commited an offence in obtaining my money and not forefilling his obligation to provide what i had paid for?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Potentially you could allege fraud but you would have to prove that he had no intention of ever providing the service and was simply doing this as a way of extorting money.
How much does he owe you? Ultimately you will have to sue him in the USA - does he have any assets in England?
Kind regards
AJ
Customer: replied 2 years ago.

HI AGAIN, WAS THINKING THE SAME ABOUT A FORM OF FRAUD HE HAS COMMITED. HE OWES ME IN OF ACCESS 50K AND ONLY WAY TO UPSET HIS LIFE STYLE IS MAKE HIM BANKRUPT. AS FOR GOING TO THE POLICE I THINK THAT I HAVE TO DO IT IN THE UK AS WELL AS THE USA, AS MONIES AND GOODS AND SERVICES WAS PAID FOR ON BOTH COUNTRIES, AS FOR ASSETS DONT REALY KNOW HE HIDES A LOT IN OFFSHORE COMPANIES

THANKS AGAIN

HOW DO I MAKE HIM BANKRUPT? MY ORIGINAL QUESTION!!

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The only way to bankrupt him in the UK is to prove that he has his Centre of Main Interests here (COMI) - without the COMI any bankruptcy proceedings would have to happen in the USA.
If you can obtain a bankruptcy order, a trustee in bankruptcy would be able to unwind any offshore transaction specifically aimed at avoid creditors.
Was this individual ever based in the UK?
Kind regards
AJ
Customer: replied 2 years ago.

hi again,

yes he is english but now he lives in the states florida

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Then the only merit you have of making him bankrupt in England is if he has assets in the England.
Are you able to search his name and see if he has any associated address in the UK? Possibly a house or other property? Or even a limited company?
Kind regards
AJ