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Will this do?

 

Dear Sir/Madam,

I am writing this in reference to my ongoing claim, referenced above.

I would like to put it in writing that I object to the application of setting the judgement aside, I do so on the basis that on the date of the hearing, a representative of **** failed to turn up to the hearing at all, despite the fact they were fully aware of the date for several months in advance.

 

I would also like to add that should the application for the judgement to be set aside, I would like to claim for my costs of further attending the court, including loss of earnings and travel expenses.

 

 

I look forward to hearing from you in due course,

 

 

Yours Sincerely,

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I would ring the court office first for guidance. I would mention that you consider the respondent's likely defence will be inadequate enough to justify granting the application in addition to the reason you have given in your letter. It will be that that the judge will consider in making his decision.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 3 weeks later...

HELP!!

 

 

I have today received a letter from a solicitors acting on behalf of the company

 

The director of the company having regard to its financial position, has decided to take steps to place the company into creditors voluntary liquidation

 

 

What does this mean??

It says i have to fill in a proxy form and a statement of claim form, what can i do now??

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Did you follow my previous advice? If so, what happened?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I did, couldnt get hold of anyone to speak to when i called the court, however i did write to them and havent heard anything back!

 

 

Does the company going into liquidation mean i have no chance now?

Or does what ive read about "piercing the corporate veil" apply?

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I certainly wouldn't fill out any forms upon request by a solicitor acting for the 'respondent'. I think you should contact the court office to see what happened about the application to have judgement set aside. At the same time, tell them about the letter and the fact you are aware that the respondent as registered another company at the same address. It is obvious he has done this to avoid these proceedings and as such, you would like to know what the judge thinks.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thank you, will call them again tomorrow.

Just out of interest, do you have any idea what this proxy form is that ive recvied from this solicitor that will be acting as the insolvency practitioner?

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I'm not to up on bankruptcy TBH, but I found this;

 

http://www.insolvencydirect.bis.gov.uk/casehelpmanual/P/Proofs%20(ISCIS).htm

 

You need to find out if judgement was set aside. If not, I would issue the warrant of execution and get it passed onto the high court sheriffs here;

 

http://thesheriffsoffice.com/

 

In fact, I would contact the Sheriffs for advice one you know whats going on with your judgement.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 2 weeks later...

i spoke to the court, and the bloke i spoke to didnt have a clue what i was talking to and told me to attend court anyway!

 

 

So basically, once i attend court, and they dont set the judgement aside (which they wont, beause no one is going to turn up from the company), what do i do once i have the CCJ in the name of the liquidated company?

 

Thanks

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Did you contact the Sheriffs for advice?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 4 months later...

Sorry for the delay, i tried contacting the "sherrifs office" a couple of times and they said someone would contact me back and never has.

I guess there is no where i can go with this now? :( ?

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If the claim was against the company and not the company owner, then I don't see where else this can go as the company no longer exists. You would have put your monetary claim into the liquidator, but I think you will find that the assets were probably bought on the same day of liquidation and this other company started so denying you any recompense.

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This matter really will depend on whether the company is still active and trading and whether they have assets. Car dealers are notorious for changing company names (and trading names) and buying their cars through various other means so as to prevent enforcement against them. Remember as traders the cars will not be registered to them.

 

First things first is to ensure you have sued the correct entity and not just a trading name. So many people issue against a 'non-entity'.

 

If it is a Ltd company you should check here to see if they are still Active: Companies House Webcheck

 

If it is an individual sole trader then make sure you have their name in the proceedings e.g. Joe Bloggs trading as Bloggs Autos

 

Without giving the exact name away can you advise who you have sued (as per above)??

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