Not sure where to post But advice needed?

[whispersltd]

To cut a very long story short I am taking a person and his company to court for wages owed and contract money not paid to me, I have a strong case and it looks good that I will win, however my hearing date was cancelled by the court as the hearing before me settled early so they sent the judge home and cancelled my hearing, I have another hearing in a few weeks time, however the defendant I have heard has gone bankrupted, (nothing registered with companies house or the insolvency agency as yet) BUT he is still trading in the same line of business but has changed the name of the company (ie his shop front paper work and his vans) the advice from the court was to write in and inform the judge which I have done and by all accounts if he does register as bust then my claim no longer stands, is there anything else I can do?

Just need a bit of advice on this if anyone can help or point me to a relevant post on here.

Thanks in advance and sorry this is in the wrong place.

D x :-|

[honeybee13]

Hello.

 

You could put something on th employment forum and see if they know anything about this. Don't copy and paste this though, or we'll both be in trouble with the site team!

 

HB

[whispersltd]

ok cool thanks x

[Dodgy Geezer]

I would proceed with the hearing at this stage.

 

Are you taking the person, or the company to court?

 

Where/when/how did you hear about a bankruptcy? Registrations are done automatically by the Courts, not whether it is chosen to be listed or not.

 

I suspect he is trying to avoid his debts to creditors like yourself.

 

You must have the facts before you can make any decisions.

 

Search Bankruptcy registers

[babybear39]

Just hit the red triangle and ask the site team to move the thread

[Dodgy Geezer]

Also, if whispers ltd can identify you in any way, change your user name.

 

You dont want to be showing your hand.

[whispersltd]

Thanks DG

 

Its the company i am taking to court with him named as the director and who i had the verbul agreements with.

 

I have heard from a number of people in our area (small town) it might well be him putting that word out to get back to me and the others he owes money to! the new company is not yet registered and the old one is still going so far as CH has on its web site today!

 

Just want whats owed to me so i can get on with my life it took me two weeks to get over the shock of my case being cancelled, his solictors are running scared and have send me letters asking me to settle out of court with him, i gave them a figure but heard nothing back each timem, so as you say thgis could well be a ploy to scare me! well he messed with the wrong woman.

[whispersltd]

good point!

[Dodgy Geezer]

I would be inclined to write to his solicitor again, state that as you have had no response from them regarding a settlement figure, you have no alternative but to proceed with your claim via the court.

 

You could add that not replying within say 10 days, will be deemed as a refusal of your offer.

 

Put everything in writing, keep a copy, and send it recorded delivery.

 

Again you must establish whether Insolvency has been established. It is totally fundamental to your claim.