Debt recovery

[Benihana]

Hi everyone,

I know I cannot ask for formal advice here, but maybe someone has been through the same and can help point me in the right direction.

I previously used a lettings management company, however they failed to pass on rent for a number of months with the amount totalling just under £4K.

I have won a CCJ against the comapny but they have failed to respond. They are still listed as active on company house but have closed their office.

I do not have any money to fight them really. I understand the next step is to escalate this to the HIgh Court. However, as the office is closed up having bayliffs attend the property is of no use. I believe I have the directors home address though.

I cannot in anyway afford a winding up petition to force payment either. What options are left to me?

Any advice is greatfully appreciated,

Thank you.

 

[Mr D]

Bailiffs can attend directors home address. The door does not have to be answered and they do not have the same right of entry.

Unless director is really an idiot he will not have business assets at home address. The limited company is who owes you money, not the director.

A winding up petition does not force payment, it forces liquidation of the business. Which if it does not have any money and is not owed money does not get you any more than you are being paid now.

 

[Lisa Thomas]

There is always a chance the Directors have committed misconduct that the Liquidators can sue them for but it will be a risky and expensive exercise for you to pay to Liquidate the Company to find out and no guarantee of a return.

Bailiffs will be the cheapest initial option for you.

 

[Mark T Jones]

Is there any evidence that the company is still actively trading? If so, can you establish an address from which it is trading?

In reality, if they've left their premises there is a high chance they aren't - in which case you are probably best to move on.

 

[Engage Legal]

Hi Benihana

Your main option now is likely to be to wind up the company. That will get you a right to any surplus funds as an unsecured creditor. However, that company won't likely have assets or surplus funds so query whether you will get anything.

If you were to proceed it would also cost you professional fees, which you appear not to have.

Unfortunately, it might just be a matter of moving on.

 

[Benihana]

Thanks guys. I think I will go the bayliff route and if no luck there then I will move on unfortunately.

 

[DavidWH]

be careful which company you use... my experience of a well known company, who if you can't pay, they'll take it away found them to be rather useless.

The TV shows only show the entertaining ones, not where they meet the people who know how to play the system

 

[JEREMY HAWKE]

be careful which company you use... my experience of a well known company, who if you can't pay, they'll take it away found them to be rather useless.

The TV shows only show the entertaining ones, not where they meet the people who know how to play the system

I think that is unfair a bit . They are well know members of this site
If they got nothing then nobody else would be able to do it within the law!
You encountered a debtor that was a professional!
They engineered it so that the courts would never be able to recover anything.

 

[DavidWH]

I don't... how many times have you seen them come across a professional debtor on the TV?

They rang the old bill to assist them when they had a car driven at them, and they couldn't give a toss, yet TV show's PC Plod rocking up to diffuse the situation.

It's not a documentary, it's an entertainment show, so you're only seeing what makes good TV.


They couldn't locate the debtors address, yet I can with no experience in debt recover, all the information provided about the debtor was provided by me, and my own research, with no experience.

I got a very distinct impression if the debtor was hard work, you went to the bottom of the pile and they chose the easy pickings. As a business why wouldn't you?

 

[LiveNetworks Ltd]

If they're a lettings management company look for evidence that they're advertising to let other property, contact them about 'looking for property' it may offer you a route in to figure out where they're hiding.

 

[JEREMY HAWKE]

I don't... how many times have you seen them come across a professional debtor on the TV?

They rang the old bill to assist them when they had a car driven at them, and they couldn't give a toss, yet TV show's PC Plod rocking up to diffuse the situation.

It's not a documentary, it's an entertainment show, so you're only seeing what makes good TV.


They couldn't locate the debtors address, yet I can with no experience in debt recover, all the information provided about the debtor was provided by me, and my own research, with no experience.

I got a very distinct impression if the debtor was hard work, you went to the bottom of the pile and they chose the easy pickings. As a business why wouldn't you?

Well David I always assumed these bailiffs were up for a bit of agro if the situation invited It
He had a car drive at him and he turned into a chicken
That's bad news weather your in the business for profit or not if your going to play the big man then you have to be the big man when the s££t is real as well !