Small claims court - what action to take next

boxer16

arcon5 wrote: »

Yes they can, it would just be much more complicated to deal with the companies affairs and costly depending on the size of the business. It's less likely they would fold over a single claim though.

Sorry, I meant it wouldn't be easy for them to fold and start again.

StuieUK34

This is the marriot/hilton/holiday inn one ? (cant remember which one)

arcon5

boxer16 wrote: »

Sorry, I meant it wouldn't be easy for them to fold and start again.

Depends how they structure the company. They could for example have a holding company whom pay the mortgage and own the assets then sub-let to a second company. It would be very easy to pheonix the operation to a new company with this structure.

Otherwise, they would have all sorts of complications with re-mortgaging, transferring the lease amongst may other things.

Although probably really not relevant to your situation.

boxer16

StuieUK34 wrote: »

This is the marriot/hilton/holiday inn one ? (cant remember which one)

No... it's not a big chain-type hotel.

arcon5 wrote: »

Depends how they structure the company. They could for example have a holding company whom pay the mortgage and own the assets then sub-let to a second company. It would be very easy to pheonix the operation to a new company with this structure.

Otherwise, they would have all sorts of complications with re-mortgaging, transferring the lease amongst may other things.

Although probably really not relevant to your situation.

Ah.. getting complicated now! lol.

Not massively relevant, but it's definitely helpful to know - thank you

boxer16

Just had a nosy at a director check website that I saw on another post on here.
Turns out it is a limited company - and has been going since 2007. Hopefully that's a good sign that they don't just like to fold and start up again.. HOPEFULLY! lol

Equaliser123

boxer16 wrote: »

Just had a nosy at a director check website that I saw on another post on here.
Turns out it is a limited company - and has been going since 2007. Hopefully that's a good sign that they don't just like to fold and start up again.. HOPEFULLY! lol

Bit confused about this. How could you not know it was a limited company when you sued it?

boxer16

Equaliser123 wrote: »

Bit confused about this. How could you not know it was a limited company when you sued it?

As I said further up, I couldn't remember off the top of my head. It was my other half who filled the documentation in.

Crazy_Jamie

Just to answer your original question, as an answer hasn't been forthcoming so far, but in order to appeal a decision in a civil court you first need permission to appeal. Permission is usually sought from the judge making the decision to be appealed at the conclusion of the hearing. In those instances permission is often refused, as it was here, but the party can then apply separately for permission to appeal. That is what the judge will have told the other side that they can do. If permission is applied for separately the matter will go to a new hearing in front of a different judge and that judge will simply decide whether permission should be allowed. If he refuses to grant permission, the matter ends. If he grants permission, then the party will be allowed to appeal.

However, in reality I don't think you have anything to worry about here. Unless the judge has made some significant error in finding that the other party has no real prospects of successfully defending the claim (which is part of the test for setting aside default judgment), there are unlikely to be any substantive grounds for appeal.

vax2002

The LTD company question is basically about understanding Russian dolls.
LTD companies can be structured to hold assets separately from the accounts.
Having a CCJ against blah de blah company may not be of great use if the company is actually registered as something else, CCJ's against LTD companies are notoriously difficult to enforce and often a search will reveal several already lying on file, unattached and unpaid .
The bigger the company, the more dolls in the system, you can quite easily end up with a CCJ against part of a company with no assets whilst the real assets are held in trust.
It really is a specialised area and whole companies exist that offer specialist investigation in to making sure any debt claims are attached to the right company and division.
Obtaining a CCJ is easy, if you are correct you win, however collecting from an individual is hard, but collecting from a company is usually beyond the layman's reach.

boxer16

Thank you very much Crazy Jamie - exactly what I was needing to know.