How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

There, I started small claims proceedings against a trading

Customer Question

Hi there,
I started small claims proceedings against a trading company (not ltd) run jointly by a husband and wife. The case went to court in August 2015 and I won. They were ordered to pay the outstanding debt plus costs. They did not make payment and I then instructed High Court Enforcement to recover the debt.
A week after the court case, the defendants set up a new LTD company and transferred all of their assets which meant that HCE could not remove any of the assets. I am now in a very difficult situation and I do not know where to go from here? I know I can apply to have the judgement name put into the defendants personal names but I don't know if this is worthwhile as they will just claim that they have no assets. They rent their current property but I believe they do own a flat which is rented out. Can I apply to have the judgement put into the new LTD company, considering it is run by exactly the same people? But would this also be a pointless thing to do as they will just dissolve that company and transfer their assets again.
I am at a complete loss as to what to do next. If somebody could please advise me what my legal rights are and what the best course of action to take I would be very grateful. Even if it means walking away from it, if there is little chance that I will ever be able to recover my money, I just need to know whether I have a realistic chance of recovering the debt. I cannot continue to throw money at this situation.
Thank you for your help
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Do they have any assets? Have you got evidence of who owns the shares in the Ltd Company?Alex
Customer: replied 1 year ago.
They are horse dealers. They own a large horse lorry, a horse trailer purchased last July for £5000 (I have seen the receipt) and a Landrover. All of which are now listed under their new LTD company 'Inspired Equestrian'
The husband (Rafael Marins) is listed as the company director and I'm not sure who owns shares in the company. They have also set up a second LTD company called 'Marins Consultancy' and I believe this one is registered to the wife (Nicola Marins)
Expert:  Ash replied 1 year ago.
You have 2 options:1) You can declare them bankrupt if the CCJ is for more than £50002) You can check the annual return and see who owns the shares. You can do this at: www.companies-house.gov.uk/infoIf one or either own shares then you can seek a charging order against the shares. Then you will control the company and can gain its assets!So you can do one of the above two, which should frighten them into doing something.Or you can freeze their bank account and take money out of it.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I think it's probably best if I give you a call to discuss this further, can I just ask how much this will cost in total? I think I've already paid £38 and have signed up for a 7 day free trial - thanks!
Expert:  Ash replied 1 year ago.
Sadly this is an online service unless you click the button to request a phone call.Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
I will call shortly.Alex
Customer: replied 1 year ago.
I'm not sure when you were going to call but I just need to let you know that I have a small baby, who is just waking up from a nap so now is really not the best time for me to chat. Can we re-arrange for a specific time? Do you take calls in the evening?Many thanks
Expert:  Ash replied 1 year ago.
Sure. I can call this evening?Alex
Customer: replied 1 year ago.
That would be great, thank you very much. Is 8pm too late?
Expert:  Ash replied 1 year ago.
Thats fine, but you may need to remind meAlex
Customer: replied 1 year ago.
Hi Alex,I'm sorry but I don't think I'm going to be free to talk at 8pm unless you could do 9pm - totally understand if this is too late! If not then could we try tomorrow?
Expert:  Ash replied 1 year ago.
Yes when tomorrow?
Customer: replied 1 year ago.
Hi Alex,Are you free to talk now?
Expert:  Ash replied 1 year ago.
i am, are you?Alex
Customer: replied 1 year ago.
Yes I'm free now
Expert:  Ash replied 1 year ago.
Calling now.Alex