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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
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Issue a money claim

Resolved Question:

I need to issue an online money claim. My first issue is how to register to do this. I cant register as me I need to register as my company. How do I register as a company?

Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you mean you wish to know how to register on the MCOL as a company, rather than as an individual?
Customer: replied 1 year ago.

yes that's correct.

However i'd also like your opinion on whether a money claim is the best option or might it be better / more effective to issue a 'winding up order' against the debtor company?

I used to know a businessman swore by the effectiveness of this method.

Expert:  Ben Jones replied 1 year ago.
When you register on MCOL you can do so either as an individual or an organisation. Even when you register as an organisation you would be required to provide your personal details but when you make the claim you can select the claimant’s name and put a company if you need to. So you would register via this page: https://www.moneyclaim.gov.uk/web/mcol/welcome Use the option on the right. As to whether to claim or get a winding up order, there is no right answer and it will depend on the circumstances. A winding up order is more expensive and would only work if there are assets which you can rely on being sold to satisfy the debt. Also you must serve a statutory demand first and that can be challenged and set aside and it could scupper the whole winding up process. Saying that, the effects of a successful winding up order would be much more devastating effect on the company than just a court judgment. So either could work but there is no guarantee it would be the best one in the circumstances so a degree of speculation will always be involved. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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