Failure to Disclose

[Cervus99]

I am currently engaged in a court action against a company for recovery of a debt owed. A court order has been issued setting out the timescale for proceedings leading upto a court date in January.

 

The company concerned have not complied with the order to disclose or produce their evidence in defence. I am about to submit a N244 application but have found that the Directors have set up a new company with the same name albeit the spelling is one letter different.

 

The advice I have been given will incurr considerable more costs and less chance of recovery. Is there any method for pursuing the Directors personally as I believe their intention is to not defend and liquidate the former company when judgement is passed.

[DonkeyB]

If they have only changed one letter, then any amount of bluster about being insolvent would be challengeable under the ‘passing off’ legislation. But... it would be very expensive to litigate. You’d be better off complaining to Companies House.

 

Have you checked with Companies House that they are still trading?

 

An N244 will hurry things, and a summary judgment means that if they don’t pay forthwith you can send the bailiffs in. Speed is your only tool, in my view.