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Why not go for High Court enforcement (a Statutory Demand? That way, the guy gets no notice until two burly enforcement officers turn up on his step. Cost is quite moderate, which you get back.

 

"Can't pay? We'll take it away!"

 

 

I like it (and funny). Does this and "s212 and s423 of the Insolvency Act 1986" go together, or are they two separate routes? Apologies if that sounds thick.

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The effect of a Statutory Demand is that if the respondent does not pay up or appeal within 21 days for the High Court to set it aside, it is a done deal he will be made bankrupt, a trustee in bankruptcy appointed and assets seized.

 

The effect of an enforcement order (ask the ET about this, first) is they can just turn up without notice to seize cash or realisable goods to the value thereof. As you already have a court order for remedy (from the ET) there is no further legal argument needed.

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Why not go for High Court enforcement (a Statutory Demand? That way, the guy gets no notice until two burly enforcement officers turn up on his step. Cost is quite moderate, which you get back.

 

"Can't pay? We'll take it away!"

 

Unfortunately, as I understand it, the Op's order is against a company which has been wound up and not against the individual

Does this and "s212 and s423 of the Insolvency Act 1986" go together, or are they two separate routes? Apologies if that sounds thick.
The stuff about bailiffs etc. is how you would enforce a court order if you get one. If you don't have a court order against the individual you'd need to get one first before you could get bailiffs involved.

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Under the revised Company Law Act, directors who knowingly cause liability can in in law be held personally liable for the liability. You have a judgment from the EAT confirming your ex-boss to be a rogue director.

 

See here this recent case of two directors who helped themselves to cash and assets to deprive their creditors:

https://www.gov.uk/government/news/mansfield-husband-and-wife-duo-sent-to-jail-for-helping-themselves-to-companys-money

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Can someone help me with a part of this process that I'm not fully understanding...

 

Let's say, for the sake of this example, that the limited company that owes me money legitimately/honestly/within the law had zero assets when the director had it struck off. Even if that company had a million pound a year turnover, and even if the director (who was the sole owner, sole director, sole company secretary, and the directing mind that against the law terminated my job) had a personal fortune of 5 billion, is it the case that, although I can claim my money, I can't actually receive any because there were no assets left? Or, since he personally has 5 billion, does he have to pay me directly?

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he is a separate legal entity and not liable for the company's debts.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Can someone help me with a part of this process that I'm not fully understanding...

 

Let's say, for the sake of this example, that the limited company that owes me money legitimately/honestly/within the law had zero assets when the director had it struck off. Even if that company had a million pound a year turnover, and even if the director (who was the sole owner, sole director, sole company secretary, and the directing mind that against the law terminated my job) had a personal fortune of 5 billion, is it the case that, although I can claim my money, I can't actually receive any because there were no assets left? Or, since he personally has 5 billion, does he have to pay me directly?

Yes, that's correct. The whole point of setting up a company is that the company has separate legal personality from its shareholders. The purpose of allowing companies to be created is so that people can start a business knowing that their liability is limited to the assets which are used in the business, and not their personal assets. If the company is insolvent then you wouldn't receive anything.

 

There are a few caveats to this. If a company is genuinely insolvent, there are restrictions on how it can be wound up. For example a simple winding up application can only be made by the company if it hasn't traded in the last 3 months and if it has notified creditors; and there are criminal sanctions to enforce this (although no direct right of action for creditors).

 

 

If a company is insolvent and does not have sufficient profits, it is not allowed to pay any dividend or make any other distribution to its shareholders. The shareholder cannot just strip the company of company assets, as company money/assets are supposed to go to creditors.

 

 

Also, creditors are supposed to be treated equally as part of any insolvency process.

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you need to know what assets the company had and what was transferred to the newco as the oldco is supposed to pay any creditors. It is possible to go after both the director and the newco if the director was dishonestly divesting the interests of the company elsewhere and the newco can be chased for those assets if they were handed over for a consideration.

Proving such things will be tricky unless they have been sloppy with their paperwork. Worth a complaint to Companies House but probably wont get you any money.

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you need to know what assets the company had and what was transferred to the newco as the oldco is supposed to pay any creditors. It is possible to go after both the director and the newco if the director was dishonestly divesting the interests of the company elsewhere and the newco can be chased for those assets if they were handed over for a consideration.

Proving such things will be tricky unless they have been sloppy with their paperwork. Worth a complaint to Companies House but probably wont get you any money.

 

 

Thanks for your input. All good stuff. I'm trying to find out about the assets and what happened to them without the director knowing I'm doing it (he is very slippery and good at wrangling the law to tailor himself, so I don't want to give him cause for mounting a defence before it's necessary). I tried Companies House but got no luck :-(

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asking CH wont get you anything other than statements of accounts and filings. When you have some hard evidence you can present it to them and they can take action and sanction individual directors or companies according to how badlt they have behaved. However, even when people break the law it is very hard to get them to do things as they dont have the resources so people get away with all sorts of stuff..

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then it will be difficult to claim the company is dissolved. Problem is, no-one gives a stuff about the small guy. Try reading through the Daily Mail for last week about the marketing calls people selling data improperly obtained. They had an invite for other financial scandals to investigate so it may be worth a shot and try and get them interested in the story. DMGT has a lot of money and clout so can get to places we cant even see.

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