County Court Claim against bankrupt

quoman

I purchased a vehicle from a company in March 2010 after much angst and broken promises have ended up filing a Claim against the company and owner.

He has now posted a defence claiming that he cannot pay as he was delared bankrupt in May 2009 and also his company was wound up in July 2010, subsequently reformed and he is now an employee of the company.

Firstly does the fact he was declared bankrupt 10 months before I purchased the vehicle affect the claim

Secondly - should he have had his own business in March 2010

Thirdly, can I claim against the new business - trading under same name

Finally - is it woth pursuing through the Court?

Any help greatly appreciated

bengalknights

Usually bankruptcy means someone is discharged of there debts but the CCJ can be chased forever and ever so shouldnt really effect the claim, Unless the person was barred from running a company then they are free to open whatever business they like as it would be seperate to there personal debt unless a sole trader in which case the debt would again be theres.

If the previous business was limited company and the new company is also limited then you could only claim from the old company, if its a sole trader regardless of the company name the individual would be liable so you could pursue them in this case it sounds like a sole trader so the wound up should have no effect on the claim.

Whether you pursue it through a court would come down to how much time and money you can throw at this company.

now

quoman wrote: »

I purchased a vehicle from a company in March 2010 after much angst and broken promises have ended up filing a Claim against the company and owner.

He has now posted a defence claiming that he cannot pay as he was delared bankrupt in May 2009 and also his company was wound up in July 2010, subsequently reformed and he is now an employee of the company.

Firstly does the fact he was declared bankrupt 10 months before I purchased the vehicle affect the claim

Secondly - should he have had his own business in March 2010

Thirdly, can I claim against the new business - trading under same name

Finally - is it woth pursuing through the Court?

Any help greatly appreciated

Oh dear I am sorry that you are faced with this, you need to find out is the company is Ltd because he is not allowed to be a director or be involved in running a compny whilst BR, but and its a big but if he is employed say as a sales man he has done nothing wrong, also he can trade as a sole trader without declaring that he is br providing he does not take credit above £500 without first telling the person he is doing business with that he is BR. Hope this helps but please seek help, one of the oldies might be able to help more

debtinfo

Sorry but the advice from Bengal knights, whilst true in most circumstances is not really helpfull in the case of bankruptcy, The first thing to find out is if the company was limited or not. If the company was limited then he probably should not have been running it when you bought the car, so the next step is to work out if he was running it at the time and not merely a salesman for instance, If he was running it and the company was limited and he was not discharged from his bankruptcy then you should be able to make a complaint to his Official Receiver who should be able to help you from there

If he was a soletrader then the debt is still valid against him and you can pursue court action, also you could look into the bankruptcy order, if he was solely trading in a name not contained within his bankruptcy order then there my be a complaint there as well