Small claim for services

[57U]

Hi all

We have an outstanding debt of £1100 pounds for cleaning services provided to a company we have worked for a couple of years, with no previous problems.

We have used a company to send an Late Payment Demand which has now passed.

Do we take them to court (£280) and if so what are the chances of winning ?

 

[intheTRADE]

It will depend on a number of things.

Are the company still trading and at the address?
Are they a limited company?
What have they said when you have called them?

 

[57U]

Hi.

Companies house indicates still trading at the address.
Yes
Ignoring my calls / emails

Thank you.

 

[intheTRADE]

Can you go and check they are still there though? if theyve gone they wont have informed companies house

 

[57U]

Just noticed this !

Active — Active proposal to strike off

 

[57U]

They are 2 - 3 hours drive from us unfortunately.

 

[Frank the Insurance guy]

You can object to the strike off: https://www.gov.uk/object-to-a-limited-company-being-struck-off

If you don't and they are struck off you have no chance of getting paid.

PS. Make sure you are sending any demands for the outstanding debt to their registered address shown on companies house (This may be different to their office address).

 

[57U]

Hi

Thanks for the reply.

I've searched the Gazette and there is a link to a page dated 31st August 2021 which when clicked brings up a blank page. Would I be correct in assuming that it's pre dated and the page will be populated on the 31st ?

It's not something I have used previously.

Thanks

Dave

 

[Frank the Insurance guy]

What does it say on Companies House? - I think it usually says on their if its been put in the Gazette.

 

[57U]

Says the following....

31 Aug 2021 First Gazette notice for compulsory strike-off
This document is being processed and will be available in 10 days.

 

[WaveJumper]

Its being processed then as Frank advises if you have not done so already get your objection in now. Its a good heads up to others who may find themselves chasing unpaid bills from a registered company keep a daily check on CH from day one

 

[MBE2017]

OP you could see if a neighbour company could confirm by phone whether they are still there or trading, personally I think they have gone.

 

[57U]

OP you could see if a neighbour company could confirm by phone whether they are still there or trading, personally I think they have gone.

Thanks I will try that next week.

Looking online the company is still there all be it under the group name of companies. So who knows.

 

[Michael Loveridge]

Do we take them to court (£280) and if so what are the chances of winning ?

The court fee is £80, not £280.

If they've ignored the demand letter then you'd probably `win', as in my experience debtors who ignore such letters usually don't bother defending a court claim. This allows you to get judgment in default of a defence being filed.

However, the usual reason they don't bother defending the claim is that they've no assets (or at least none that can be easily enforced against).

You can't get blood out of a stone. Getting a judgment is easy - turning it into cash is often impossible.

The fact that there's an active proposal to strike off is another red flag, as it often means the directors have decided the company is no longer any use to them, and letting it be struck off costs nothing, as against paying a couple of thousand quid to have it liquidated.

I'm afraid it sounds to me like you'd be throwing good money after bad.

 

[Mark T Jones]

I'm not sure on terminology, but a Letter Befoe Action, sent by registered post to both registered and trading address will often reveal their hand.

(This might be the same as the demand letter you have mentioned)

If there is a real group of companies- opposed to a house of cards which will collapse together - then a CCJ against one of them will be detrimental to the whole group.

An additional step I have used in the past is to send the completed claim form 0rior to submission. I'm not sure I'd this is possible with MCOL