Court Order Query....

[AndyOrch]

All will be considered when the question of costs is to be decided erin.

[erinbrooke]

Do you think this is just a standard delaying tactic used to try and sicken claimants?

 

They also had the benefit of seeing all our documents that we are going to rely on before sending us theirs....

 

All will be considered when the question of costs is to be decided erin.

[erinbrooke]

Well, two weeks away from the court hearing and we got a nice email from the defendants solicitor this morning to inform us that the company is to be put into administration.....

 

Does anyone know if we still have a chance?

 

The letter does imply that the company has not been put into administration yet, only that it is going to be.

 

Or is this another common tactic used?

 

Either party has the option to set a side but I personally would not, let it ride they are digging the hole far deeper for themselves without you lifting a finger.

 

Andy

[AndyOrch]

Hi erin

 

When a company enters into administration the principal aim of the administrator is to maintain the company as a going concern, to achieve a better result for its creditors than would be the case if the company was wound up or to realise assets so that secure or preferential creditors can be paid. To enable this to happen the law prevents any legal action being taken against the company, whilst they are in administration, without the consent of the administrator or the Court. [In addition, any legal proceedings that have already been commenced against the company cannot be continued without consent.

 

I would also do a check on Companies House to see the status.

 

Regards

 

Andy

[erinbrooke]

Thanks Andy ;-)

 

What we are finding strange is that the solicitor has stated 'the company is being placed in administration', which would indicate it has not been yet. We have checked with CH and it is not showing as being in Administration.

 

We have written to the judge today asking him to uphold the claim and court date - if he agrees can the administrator do anything about it?

 

If we can prove the defendant and his solicitor knew what he was doing to the company and that is why he constantly delayed matters, do we have any recall?

 

I am even considering contacting the press to highlight the history, in case this fella has plans to rise like a phoenix and does it to other people....

 

Regards,

 

Kevin.

[AndyOrch]

Difficult to answer as you state the company is not in administration (yet) and your proceedings are under way so no consent is required.Wait until you get a response from the Court erin and keep checking CH.

 

Regards

 

Andy

[erinbrooke]

Will do Andy and many thanks - we're still not convinced this is not an elaborate bluff!!

 

We asked the solicitor for the details of the proposed administrator and have not received a response....

 

Just funny that the solicitor should write to us 'prior' to the company going into admin. and not the administrators themselves 'after the event'....

 

 

Kevin.

 

 

Difficult to answer as you state the company is not in administration (yet) and your proceedings are under way so no consent is required.Wait until you get a response from the Court erin and keep checking CH.

 

Regards

 

Andy

[queensclose]

seen this many times. carry on as normal until you hear from the administrators

[erinbrooke]

Is it a tactic used to make claimants go away queensclose? Surely not....

 

seen this many times. carry on as normal until you hear from the administrators

[queensclose]

normally to cover their backs the letter normally states "as far as we are aware" so when the claimants find out its total cr**p. they made no commitment. carry on with your claim till you hear different. problem i see. once you have judgement. are you going to get your money. the judgement is just that they owe you the money and makes no guarantee you will get your money.

 

have you checked to see if they have any other judgements and have they been satisfied.

if you get the judgement. how are you going to enforce it. because by the sound it. they are not going to freely pay up.

 

private message me the dealers name

[erinbrooke]

Done a comprehensive check on them and they have no other CCJ or anything against them.

 

They are a PLC, in name only really though as the only two shareholders it seems are the MD and his girlfriend - so more bluff on their behalf..

 

If we continue, as we will, and get the judgement and they 'don't' go into admin, how can they not pay?? surely they HAVE to?

 

I have asked for the administrators details to no avail.

 

Has this happened before when forms have no intention of going into administration but just want rid of claimants??

 

 

 

normally to cover their backs the letter normally states "as far as we are aware" so when the claimants find out its total cr**p. they made no commitment. carry on with your claim till you hear different. problem i see. once you have judgement. are you going to get your money. the judgement is just that they owe you the money and makes no guarantee you will get your money.

 

have you checked to see if they have any other judgements and have they been satisfied.

if you get the judgement. how are you going to enforce it. because by the sound it. they are not going to freely pay up.

 

private message me the dealers name

[queensclose]

the judgement will just be a ccj. its upto you to get the payment. if they don,t pay. you will have to enforce it. you can instruct a county court bailliff to attend if its less the £5000. i think the fee you will have to pay is £100 which will be added to the debt. problem is when they attend and they spin this yearn about going into administration. the bailiff may back off. personally i would instruct the bailiff to levy in any case and get them to produce administration documents. if they are not forthcoming them instruct them to remove the goods. the bailiff may ask for indemnity

[erinbrooke]

OK, the next chapter in the saga.....

 

I got an email this morning from the other side's solicitor confirming that an administrator had not been appointed yet but it was going to be 'company X' and that they had filed the forms at the court but there was a standard 5 day delay until the administrator was officially appointed..??..(Not sure the validity of that statement!)

 

In the mean time the judge has read my letter of yesterday requesting that the hearing go ahead and we have had word back this afternoon that he is issuing a court order stating that the hearing date will not be vacated (as the other side had asked) and that the hearing will go ahead on the date he had originally set.

 

I 'think' this is good?

 

Not really sure of what kind of position I find myself in, which I suppose will be greatly dependant on whether or not this has been an elaborate bluff by the other side....

 

Any ideas guys?

[queensclose]

just carry on as normal they may be blagging trying to throw a spanner in the works. they may be going for a prepacked admin order. they,ll need a few debts to do it.

[erinbrooke]

Cheers queensclose

 

What do you mean by a 'prepacked admin order'?

 

They've even written to the court to say they are going into administration....surely that would go against them at the hearing if it turns out they are bluffing??

 

Also, is it possible for the administrator or defendant, to have the judges order (to continue with the hearing) set aside for whatever reason??

 

 

 

just carry on as normal they may be blagging trying to throw a spanner in the works. they may be going for a prepacked admin order. they,ll need a few debts to do it.

Edited July 27, 2012 by erinbrooke

[queensclose]

prepacked is when they buy the business back without the debts. be prepared they may not be bluffing. if they got big debts

check out http://corporate.practicallaw.com/7-385-0829#a284129

 

bonmarche and colliers have done this in the past.

[erinbrooke]

Many thanks again QC

 

Their last set of accounts are incredibly good, so something would have to have gone seriously wrong in the last 12 months for them to be actually/genuinely going into admin....

 

We will see next week, when they get the court order and how they handle it... can they get it set aside based on their story of administration? Bearing in mind the judge had their letter in front of him when he made this order to continue with the hearing?

 

prepacked is when they buy the business back without the debts. be prepared they may not be bluffing. if they got big debts

check out http://corporate.practicallaw.com/7-385-0829#a284129

 

bonmarche and colliers have done this in the past.

[erinbrooke]

OK, just checked Companies House again today and it seems they HAVE gone into administration with a large insolvency practice in their own town...

 

Spoke with the court and they have also received a letter of appointment from the administrator today, which has, in turn, been passed on to the the judge for comment......

 

Anybody got experience in what generally happens in cases like this?

 

We already received a letter from the judge last week confirming that the hearing will go ahead on the date scheduled, so not sure if they will change their minds now that they have a letter of appointment.

 

How would an administrator usually view a matter like this?

 

Any help GREATLY appreciated as we have to organise travel arrangements to get to the hearing which is early next week...

Edited August 6, 2012 by erinbrooke