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Judgment v Insolvency Claim


Emx
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Hi, can you advise? My partner has been awarded a £12k cash Judgment following Employment Tribunal, for Unfair Dismissal and Breach of Contract. However, his ex Ltd company has claimed insolvency and the Directors have made a slight name change and set up a new Ltd company but

- trading from same premises, no signage change, no break in tradiing

- same staff

- same web site claiming 20 years in business

- same service offer, no change in business model

- same client clients, whom are unaware of insolvency/company change

- 1 of the listed creditors is still trading with the new company, unaware

- using old company expensive production equipment

 

1. Is there a chance that they are trading illegally or atleast abusing their limited licence?

2. Should the assets of the old company be sold to pay creditors?

3. Should I write to the insolvency company with a copy of the Judgement, and question the legitamacy of the insolvency claim?

Dont want to get into any legal trouble for suggesting this in writing.

4. Should I write to exboss requesting payment by due date, otherwise I will be applying for excecution order through county court.

5. If county Court accept application which method 'third Party Order', 'Will of Excection' ??

6. Will the CCJ be against the old company, will it show up against the directors personally?

7. How can the same directors have transfered all the assets to the new company and been allowed to purchase the goodwill of the old company?

8. If he just has to accept he is a creditor, what is the process and what priority will his Breach of Contract and Unfair dismissal claims take.

 

 

My partner also senses that he is being 'bad mouthed' in the small industry that he works within and is loosing clients, but there is no evidence.

 

As you can see i have loads of questions but have already spent £2k on legal costs and am feeling the morally injustice, and big boys are bullying us.

 

Who should we turn to?

Is there a potential case?

Is there a Solicitor who may be interested in a probono to try and change a legal loophole?

 

Help . . . . .

Edited by Emx
re cash judgment amount
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