- Original Poster
- #1
Is it possible to use your time in front of a judge for 3 different things, all related to the same subject and against the same defendant?
A bit of background info:
I am owed a sum of money which I have already received a judgement on. The money relates to a loan I gave and repayments that were being withheld. I am also a 25% shareholder of the company I sued. It's not that the company couldn't afford to pay me the agreed loan repayments (the Director has a personal vendetta against me) and this was obvious when he dropped the Defence in front of the Judge.
Unfortunately even though he admitted the money was owed (and wasn't being repaid as agreed) it's now gone beyond simply restarting the agreed monthly repayments. The Defendant company was given 28 days to pay the full amount. I know (being a shareholder) that the company cannot afford the full amount, so I wrote the Director 2 days after the judgement offering to go back to the original agreement of £500 a month. I suggested that if a voluntary agreement was completed within 28 days then no CCJ would have to be registered against the company. I have sent several letters trying to come to an arrangement but I have had no replies to any of my attempts since the day of the judgement.
28 days is now well and truly up and I have had no reply from any of my 7 letters.
The end of the company tax year is in June so I have no idea what has been going on in the company for the last 10 months, although I have been told by a customer that a mailshot was sent out to everyone saying that the company name has changed and to pay into a new bank account (in the new company's name). I've also been told by the company's web designer/hosting company that he has been asked to submit invoices to the new company name. It appears that the Director has picked up the whole business and dropped it into a new holding company. This leaves me as a shareholder and a creditor of a non-trading company (everything else has been moved to the new limited company).
As a shareholder I have not been told the company is insolvent (nor has an IP been assigned) and I not been called to any meeting for any resolutions.
--------------- So here are my question about Combining Applications ---------------
I need to find out exactly what is going on, and the only way I can do that is by getting an order that the Director attend court for questioning.
This I will be doing immediately, but I have two applications I would also like to present:
1. I also know there is money trapped in a WorldPay account (because of a problem with the bank account). Can I apply for a third party debt order at the same time as questioning the Director?
2. The Director has pissed all over his fiduciary duty and deliberately made a company that was valued at £250,000 just 7 months ago, worth £0 (in fact it's now only has my debt). I want to apply to the court to start a Derivative Claim against the Director. Proof of his negligence will be obvious during the questioning.
Is there a way I can roll all 3 actions into one hearing? I basically want to...
-- Question him first about the company finances.
-- Claim the money that is in a limbo Worldpay account.
-- And then use his testimony under oath as evidence to pursue a Derivative claim.
Can this be done all in one sitting?
Sorry this is long winded. I could really do with some pointers as to how to deal with this.
A bit of background info:
I am owed a sum of money which I have already received a judgement on. The money relates to a loan I gave and repayments that were being withheld. I am also a 25% shareholder of the company I sued. It's not that the company couldn't afford to pay me the agreed loan repayments (the Director has a personal vendetta against me) and this was obvious when he dropped the Defence in front of the Judge.
Unfortunately even though he admitted the money was owed (and wasn't being repaid as agreed) it's now gone beyond simply restarting the agreed monthly repayments. The Defendant company was given 28 days to pay the full amount. I know (being a shareholder) that the company cannot afford the full amount, so I wrote the Director 2 days after the judgement offering to go back to the original agreement of £500 a month. I suggested that if a voluntary agreement was completed within 28 days then no CCJ would have to be registered against the company. I have sent several letters trying to come to an arrangement but I have had no replies to any of my attempts since the day of the judgement.
28 days is now well and truly up and I have had no reply from any of my 7 letters.
The end of the company tax year is in June so I have no idea what has been going on in the company for the last 10 months, although I have been told by a customer that a mailshot was sent out to everyone saying that the company name has changed and to pay into a new bank account (in the new company's name). I've also been told by the company's web designer/hosting company that he has been asked to submit invoices to the new company name. It appears that the Director has picked up the whole business and dropped it into a new holding company. This leaves me as a shareholder and a creditor of a non-trading company (everything else has been moved to the new limited company).
As a shareholder I have not been told the company is insolvent (nor has an IP been assigned) and I not been called to any meeting for any resolutions.
--------------- So here are my question about Combining Applications ---------------
I need to find out exactly what is going on, and the only way I can do that is by getting an order that the Director attend court for questioning.
This I will be doing immediately, but I have two applications I would also like to present:
1. I also know there is money trapped in a WorldPay account (because of a problem with the bank account). Can I apply for a third party debt order at the same time as questioning the Director?
2. The Director has pissed all over his fiduciary duty and deliberately made a company that was valued at £250,000 just 7 months ago, worth £0 (in fact it's now only has my debt). I want to apply to the court to start a Derivative Claim against the Director. Proof of his negligence will be obvious during the questioning.
Is there a way I can roll all 3 actions into one hearing? I basically want to...
-- Question him first about the company finances.
-- Claim the money that is in a limbo Worldpay account.
-- And then use his testimony under oath as evidence to pursue a Derivative claim.
Can this be done all in one sitting?
Sorry this is long winded. I could really do with some pointers as to how to deal with this.
