Going to court - mediation dilema

spacey2012

The Builder can liquidate the company and transfer the assets to another company if they think the case goes against them.
Not as straight forward as it appears suing a LTD company, obtaining judgement can be easy but getting the money near on impossible.
If they are prepared to mediate and make an offer it might be worth your while going along if you can get some payment at the mediation on the day.
I know this is against the grain as you want to use the big stick, but if the company is already struggling, for £75 they can morph in to another company the same day and the ccj becomes useless.

miduck

spacey2012 wrote: »

The Builder can liquidate the company and transfer the assets to another company if they think the case goes against them.

In which case, if it was done quite so blatantly, the OP could apply to enforce the judgment against the new company, or the individual.

keyser666

spacey2012 wrote: »

The Builder can liquidate the company and transfer the assets to another company if they think the case goes against them.
Not as straight forward as it appears suing a LTD company, obtaining judgement can be easy but getting the money near on impossible.
If they are prepared to mediate and make an offer it might be worth your while going along if you can get some payment at the mediation on the day.
I know this is against the grain as you want to use the big stick, but if the company is already struggling, for £75 they can morph in to another company the same day and the ccj becomes useless.

As low as £18 now a days, sometimes less

arcon5

miduck wrote: »

In which case, if it was done quite so blatantly, the OP could apply to enforce the judgment against the new company, or the individual.

No they cannot!!

molerat

arcon5 wrote: »

No they cannot!!

Correct, just watch "The Sheriffs Are Coming" on BBC1 and see some of the dodges used such as all assets owned by another company (who just happen to have the same director) whose sole purpose is to lease equipment to first company, company changed name but trading identity from outside identical. Nothing they could do about recovering the debts.

miduck

arcon5 wrote: »

No they cannot!!

Yes, they can - it is known as "lifting the veil of incorporation", and CC judges are (in my experience) very open to amending an order in these circumstances.