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  #21  
Old 07-02-2019, 12:39 AM
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Originally Posted by Isle of Wight View Post
Thanks misfit and everyone else. Have exhausted pretty much all that is on the Guardian article. The claim is with the company not the individual but he is a sole trader. The Baliff canít take his tools or his lorry as he needs them to make a living. How fking mad is that! He wonít pay but you canít take it away! I guess the high court is the next step but I keep throwing money at this and then find out they can only ask nicely.
From what you say, it is an action against a company not the individual. One way of focussing the mind would be to send a draft statutory demand to him saying that if the debt is not paid within 7 days then you will formally commence insolvency proceedings by having the SD served and starting a 21 day window for the debt to be paid. If he fails to do that you then have the option of having a winding up petition issued.
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  #22  
Old 07-02-2019, 12:40 AM
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Yes. Iíve done all that and are at the final stage of the value making a 3rd visit but no one there and no response from calls. I can try for bankruptcy but that will cost me £100 that I donít have and there is no certainty I will get it or any other part back. He rents his house and storage. Has a big cargo pick up and some tools.
I fail to see how you can bankrupt the individual if the claim is against a company. Unless he provided some form of personal guarantee which in this instance I am guessing is not the case.
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Old 07-02-2019, 01:08 AM
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Again, high court bailiff warrant.

Know a bit about this. They generally work for another firm or local council but they are always, to a man and woman, the best performing bailiffs on the circuit. They are driven by greed and reputation, which is exactly what you want in your situation.
Need to send mr grix and kev round think kev s from croydon
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  #24  
Old 07-02-2019, 09:53 AM
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I fail to see how you can bankrupt the individual if the claim is against a company. Unless he provided some form of personal guarantee which in this instance I am guessing is not the case.
Yes you are right its against a company thats not LTD and runs as a sole trader.
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  #25  
Old 07-02-2019, 10:58 AM
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Thx I called them and one issue I have is that I have made the claim against a non legal entity. I just claimed against XYZ Company when I should have claimed John Smith trading as XYZ as he is a sole trader. I can then go after personal assets. Another £100 on the court bill Then I can change the warrant to the guys you linked and THEN maybe get something happening.
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  #26  
Old 07-02-2019, 11:31 AM
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As you have found out a Company means a limited company otherwise it is just a T/A name. That is actually good because it is very easy to fold a company and start up a new one. Less easy to avoid debts if it is an individual. The Sheriffs are your best bet.

Just wondering what PK would have made of this thread - lol
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  #27  
Old 07-02-2019, 11:42 AM
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Thanks

I would hope he would sympathise with me, but it would have been a struggle

I do miss his vitriol
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  #28  
Old 07-02-2019, 12:55 PM
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Sorry to hear this- faced a similar issue myself personally and did some extensive research into it. Frankly it's utterly vile there is all the support in the world to weasel off paying stuff but next to nothing for collections. In the end, they settled in full literally on the day of the order. I would have had no hesitation to spend money to **** them over moreso like seeking a bankruptcy order.

I have worked professionally with a firm called Federal Management who were very effective at collecting debt through a variety of methods might be worth a quick call to see if they can assist as they also take on private collections. IIRC the rates were reasonable.

Unfortunately if cars are leased/on finance they can't be seized which is really frustrating.
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  #29  
Old 07-02-2019, 03:20 PM
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Thx for the recommendation. . I agree with you there is a ton of info on how to get out of paying stuff but not a lot on how to get it back when you are owed.
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  #30  
Old 07-02-2019, 03:26 PM
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  #31  
Old 07-02-2019, 03:26 PM
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Kneecaps
Are you offering to come over and have a word for me ?
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  #32  
Old 07-02-2019, 03:30 PM
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Should we anticipate your appearance on "Can't pay? We'll take it away"?

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  #33  
Old 07-02-2019, 04:40 PM
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Are you offering to come over and have a word for me ?
Might be.
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  #34  
Old 07-02-2019, 04:45 PM
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I have a similar ongoing problem. Once you win the Court Order, that's when difficulties can arise. and costs go up.
Dodgy tradesman are all too aware of the protocol for Bailiffs. If the Bailiffs get nothing on a visit, you still accrue charges. Then, more visits.

I am getting advice from a company called akinika at the moment. They are professionals. Try googling them to see if they can assist.
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Old 07-02-2019, 04:49 PM
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Of course, there are other options.
Make sure any payments to persons are made in cash, and that the people have a reputation for getting stuff done.
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Old 07-02-2019, 05:01 PM
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Of note, any costs you incur from issuing enforcement or high court action should be levied on top the debt.

Currently, he will have a county court judgement - Its usually very important when dealing with individuals that its in their name (rather than just the company name) as it cripples your credit rating.

It might be worth getting onto the Company House register to find out where the company director has registered to. Once you have a name and home address on the county court judgement, its pretty grim for his credit rating and his businesses credit rating.

Ideally, with people trading as / one man companies, you want their home address added to the case.
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  #37  
Old 17-09-2019, 12:01 PM
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Thank you Ron, Brett, Vendy and others.These guys got on the case at the end of August. Two weeks later the bastard paid! Waiting for the statuary clearance of 14 days and then my money is back. The power of the BBS. I owe you a beer
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  #38  
Old 17-09-2019, 12:14 PM
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Well done - the sheriffs are the only ones really worth instructing.
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Old 17-09-2019, 02:00 PM
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Old 17-09-2019, 02:16 PM
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