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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I have a court case coming up in a week. I am the claimant

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I have a court case coming up in a week. I am the claimant for unpaid commission from a company who is claiming the majority of what is owed is from an old company they closed to phoenix it. I need last minute advice
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
HI, I paid because it said 11 experts were ready to answer immediately. You there?

Hello my name is ***** ***** I will help you.

Is this in the county court?

Customer: replied 6 months ago.
Hi Jamie - yes county court small claims

Ok. What is it you want to know?

Customer: replied 6 months ago.
the majority of the commission owed to me was from a previous company that the MD put into liquidation. I do however have text messages and emails that show he accepted this debt to the new company. The new company was started trading before the old company went into liquidation. The new company is trying to say the debt was with the old company and I say it was assumed by the new. I have an email from the liquidator that states he is aware the new company started trading before old company liquidated and therefore the debt is carried over.If the judge decides the debt was with the old company, can I attach the MD to my case and pursue him personally under the provisions of Section 216 of the Insolvency Act or do I have to file a new claim and start all over?
Customer: replied 6 months ago.
This debt is not listed in the liquidation nor am I a creditor in the list

Have you sued the MD in the alternative?

Customer: replied 6 months ago.
No, I fear this may show I agree the debt was with old company.

Did you plead anything in the claim which says about the Md?

Customer: replied 6 months ago.
I attached the email from the liquidator in the bundle
Customer: replied 6 months ago.
reads:Dear Mr HeaterI attach a copy of the report to creditors, which you should already have received in fact.This includes a Statement of Affairs submitted by Adrian Doyle and whilst you are shown as a creditor for certain claims based on your employment, to the best of my knowledge and belief, it does not contain any claim from you for any commission.It appears clear the business was transferred, prior to liquidation, to DOYLES COMMERCIAL BESPOKE VEHICLE BODIES LIMITED. In that case, your claims as an employee would have been transferred from Lightload to that company. You might need to take legal advice on whether any commission claim would also have transferred.If it has not, then you may be entitled to both claim in the liquidation and also to make a claim against Mr Doyle personally under the provisions of Section 216 of the Insolvency Act. See http://www.legislation.gov.uk/ukpga/1986/45/section/216

you never applied to amend your claim though?

Customer: replied 6 months ago.
No. My question is can I now or on the day?

Can you on the day - you can try. It should have been done way earlier than now.

So you need to apply to amend ASAP. You need to complete form n244

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

There is a court fee to pay and it may mean the trial is adjourned to allow the other side to file an amended defence to the claim.

But you need to make an application. The other side can not be ambushed on the day.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
HI Jamie - I have attended court and have been successful in being awarded judgement inn my favour. The total amount due to be paid by Feb 13 was £24,185.32. As I suspected this has not been paid yet. Here's my question:
I now live in the USA and need to enforce payment of this debt. What is the best way to get it paid? 3rd party debt order or is there a better way?

You can enforce any usual payment method.

Customer: replied 5 months ago.
Ok. How?

Just apply to Court :

1) Bailiffs

2) Attachment to earnings

3) Charge on property

4) Attach to bank account

5) Third party debt order

Customer: replied 5 months ago.
Hi Jamie. Thank you. What is attach to bank account?

You make an application to Court to take money from account.

But if there is less than the judgment or it is overdrawn, you don’t get anything.

Does that clairfy?

Customer: replied 5 months ago.
How is that different from 3rd party debt order? Is it also worth making the Director go to court to be questioned about funds?

It’s the same, third party debt is generally for shares etc.

Customer: replied 5 months ago.
Ok. Is there a special form for attachment to bank account?Is it worth dragging them into court to be questioned about their finances?Can I raise a winding up petition?

Yes. There is a form and a court fee which you need to pay.

https://formfinder.hmctsformfinder.justice.gov.uk/n349-eng.pdf

Customer: replied 5 months ago.
Thank you JamieWould I be able to sell this debt to a collection agency? As I am now living in the States I will find it difficult to get this money.

No. There was no contract which said that you can assign it.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars on the page before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

Customer: replied 4 months ago.
Jamie - thank you and I have rated you. May I call you please to discuss. Happy to pay.

Sadly that is an additional cost.