Whats the next step?
Discussion
A company (ltd) that we have been doing some work for owe us a lot of £, circa £18k
We have gone the County Court route – they ignored it and failed to respond, we got a judgement in our favour.
The company are ignoring all communication, even have a ‘locked door’ policy at the moment – no access to their offices during trading hours.
I managed to accost
the office manager in their car park at closing time on Friday, and asked what they intended to do about paying us – the response I got was XXX and XXX (the Directors) are not working here anymore AAA is in charge now and is on Holiday. I’m currently in the running for the Ops Manager’s position at work and have been handed the reigns for 2 weeks as a trial whilst both bosses are away, and sorting this is just one of the tasks that I have been left with – so wanting to make a good impression and appear to ‘know my onions’ so to speak – What is the next step?
Any advice much appreciated.
Firstly - if you're working for a company that in any way takes itself seriously you should be paying a lawyer to sort this out for you! The time taken in your staff doing this as a DIY job is probably worth more to your business than the cost of paying a lawyer at this stage!!!
That to my mind is the right thing for you to say to your boss. If this company is failing then the longer you leave it the less chance there is of you getting paid.
In the absence of legal advice you need to enforce the judgment. You can do that in a number of ways, by employing bailiffs to go in and seize goods to the value of the debt or alternatively by issuing a statutory demand and if it isn't paid you proceed to wind up the company. The second option usually focuses a companies attention!! IIRC correctly (and I haven't done litigation for a while) once a winding up petition is presented, if the debt is cleared you then have to withdraw the petition - the petition is a matter of public record and once one creditor has served one other creditors can jump on the same bandwagon - if that has happened you, the original creditor cannot withdraw the damand and the company will be moved towards being wound up!!
You really do need to get proper advice on this and you need to establish whether this is can't or won't pay before you waste any more resources on it.
That to my mind is the right thing for you to say to your boss. If this company is failing then the longer you leave it the less chance there is of you getting paid.
In the absence of legal advice you need to enforce the judgment. You can do that in a number of ways, by employing bailiffs to go in and seize goods to the value of the debt or alternatively by issuing a statutory demand and if it isn't paid you proceed to wind up the company. The second option usually focuses a companies attention!! IIRC correctly (and I haven't done litigation for a while) once a winding up petition is presented, if the debt is cleared you then have to withdraw the petition - the petition is a matter of public record and once one creditor has served one other creditors can jump on the same bandwagon - if that has happened you, the original creditor cannot withdraw the damand and the company will be moved towards being wound up!!
You really do need to get proper advice on this and you need to establish whether this is can't or won't pay before you waste any more resources on it.
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