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Paying CCJ payments to a dissolved company


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Hi,

 

Just need some advise. Long story short, my previous employer took me to court in January 2011 for £3k and won and 10 months later has dissolved the company. ive been paying £100 per month for 2 years now to a dissolved company.

 

Is this right and do i have to carry on paying or should it be stopped and if so, can i claim any of it back?

 

Cheers

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I would check with the Administrator before stopping any payments.

 

Regards

 

Andy

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Hello,

 

Check whether the company is actually dissolved or whether it is under the control of an administrator. You can check this by searching for the company at the companies house website companieshouse dot gov dot uk.

 

As Andyorch said, if the company is under the control of an administrator, then they will be collecting your money on behalf of creditors of that company. It's more interesting if the company is dissolved though, because that means it can't trade and presumably can't have a bank account, which would beg the question who is receiving your money.

 

FFP

My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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  • 1 month later...

So have you checked where your payments are going ? Have you contacted the Administrator ?

 

You need to do a little investigatory research here h2 then you will discover your rights.

 

Andy

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No the Company's Administrator.

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Not sure hence the suggestion of investigatory research.

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Check on the companies house website whether the company closed because it went bust, or whether it was solvent when it closed and the owners just decided to close it. If it went bust, then there will be an insolvency history link in the details and there will have been an administrator / liquidator.

 

I assume you are paying by direct debit or standing order? In which case, are you paying to the companys LTD company name? Perhaps ask you bank to confirm what the recipient account is.

 

I would have thought that a dissolved company cannot "trade" and so if a former director (for example) is collecting money paid to a company that is not trading, then they would fall foul of company law. If they wanted to continue to collect your debt, they should have gone through the appropriate steps to transfer your debt to another owner. Does the court order specify who you must pay?

 

FFP

My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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Hmmm.

 

I think I would stop paying them, on the grounds that "frontier business systems limited" was dissolved in November 2011 and therefore you cannot comply with the court order. I am assuming you have never been told that your "debt" has been transferred to anyone else?

 

Then wait and see if anyone notices. It could be that the bank account still exists but no one accesses it because they know the company is closed. In which case, no one will notice and you will know that your money is probably sitting in a bank account somewhere. Ask your bank for help to get it back perhaps.

 

If someone does notice, then you can ask them how they are entitled to receive the proceeds of the debtors to the company. If they are right, then you can restore your payments using the reasonable excuse that you needed to check the contradiction between the court order and the state of the company. However, if you have never been told about it I suspect that no-one else is entitled to your money without proper processes being observed.

 

FFP

My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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ive asked my employer to stop the payments, however they have told me that without the courts agreement, they still have to pay it every month out my wages. im a little confused as to who i should be taking this up with lol

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You need to make application to suspend the AoE.

 

Andy

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Presumably, payments made by your employer would always go to you and not your company, even when the company was still trading. If they have an AOE against your employer, and the company has been dissolved, it sounds like that AOE is enforcing a debt against you personally and not a debt owed by the company.

 

I think we need to get a better grasp of the documents here. Were you a defendant in the original action? You need to get a copy of the AOE - who is the debtor?

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Hi,

 

it was frontier business systems ltd (previous employer) versus me (the defendant). They won a judgement for 3k. They got an AOE from my current employer for £100 per month which is still being paid. However, months after, the company disolved and im still paying. dont know where its going and my employer says they get a demand every moth for the money and it comes out my wages.

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Ask your employer who the demand is coming from? an AOE cannot be stopped by you or your employer it has to be the court, the company may be dissolved but the administrators have to get in all the money owed to the company to pay out to the companies creditors.

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