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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We as a small company are owed money from an ex employee shareholder

Resolved Question:

We as a small company are owed money from an ex employee shareholder director, this person has owed this this money for over one year now. the original debt was £1400.00 but we are now adding interest of 6% per annum and sending him a statement every month showing how the debt is increasing, he states that he is out of work and can't afford to pay towards his debt however he is now living in New Zealand.
I have documentation to hand that he left here when he was dismissed giving details of a private pension scheme he was in when employed by ford motor company, this shows that in June 2013 the transferable value of this pension was standing at £64409.00.
The person's date of birth who owes us this money is the 1st of October 1966, which as I believe means he can't touch this money until he is 55 years of age.
My question is can we put a legal claim against his personal pension for the debt that he owes us and if so how do we go about this.
I await your answer with great anticipation.
Kind regards
Mr Glenn Archer
Email address: ***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what is the debt owed for exactly?
Customer: replied 1 year ago.

The debt consists of a loan he took out from the company in December 2009 for £500.00.

He was then caught doing private work for a local council using our equipment and car to carry out work that we do. Then he charged the council £900.00 + VAT, using his own headed paper but using our company registration number and our VAT number.

He consequently paid the VAT back to the council, as they threatened him with legal action.

He then put himself in the hands of a debt management company called 'Step change' informing them of all his debts which totaled in excess of £19000.00.

Debt change then instructed him to pay us £5.00 per month, as this was all he could afford so he told them.

The last payment we received was in November 2014, which meant that he repaid us only £25.00.

However he did manage to find the money to pay for his flights to New Zealand in August 2014 and is still there.

He has had jobs out there but he refuses to give us a living address for us to contact him, however i do have two email address's of his that I send his statements to and he does reply.

I hope this helps you.

Kind regards

Glenn Archer.

Expert:  Ben Jones replied 1 year ago.
That is possible but not straight away. Before you are able to consider this you would be required to take the matter through the courts and obtain formal judgment against this person. This would be a court judgment confirming that the debt is owed and allowing you the right to recover it. You would then be looking at specific enforcement options and one of these is to try and enforce the debt against the pension fund he has. This has happened before, for a summary of that case see here:
http://www.pitmans.com/news/article/high-court-grants-enforcement-of-judgment-debt-against-pension-fund-blight-
You will need a court order allowing that though and this will be something you claim once the judgment has been issued in your favour. Also note that this is not an easy option to be granted by the courts and it could take some time and effort, which will inevitably increase the costs too. As this is going to be in the small claims court you may not recover all costs and with a debt of just £500 you could easily end up paying more for court and legal fees pursuing this. So be realistic in what you want to achieve and the way you are going to go about it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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