Do I have grounds to take out a CCJ?

Garrybjr

Hi All

I’m a freelancer web designer that carried out work for an online business. My invoices were then made out to another company name for the work which I’ll call “ABC Ltd”.

I had around £2000 worth of outstanding invoices at which point I was told that “ABC Ltd” would be going into liquidation as the backer behind the venture was pulling out. However another backer was in place and the intention was to set up a new company and try to honour what is owed to creditors.

I got a letter from the liquidators and registered myself as a creditor and listed what I was owed.

A couple of months later I got an email from the person I did the work for saying they had “finally been able to sort themselves out” and to reissue my invoices in the name of the new company which I’ll call “123 Ltd”. I reissued the invoices immediately.

Since then I have chased them for the payment but I did not get anything back.
I finally got an email saying:
“We are in contact with the liquidators and by all means contact them yourself to find out what the final resolution is especially as monies due to the new company have been paid to them”.

My feeling is they as soon as I made out invoices to “123 Ltd” they owed me the money and the situation with the liquidation of “ABC Ltd” is now irrelevant.

Am I reading the situation wrong and do you think I have grounds to take out a CCJ against “123 Ltd”?

Any advice would be great
Thanks

Mistral001

An invoice is a demand that YOU make. You have made a demand of two clients for the payment of £2000 each it would seem.

You need to check with an accountant or solicitor, but I suspect the issue of the the second invoice could get you into a some legal difficulties if it came to the attention of the liquidator.

NeverEnough

OP, you can't "take out a CCJ" - it is a Court Judgement, not something you "take out". You need to file a claim against the debtor in Court and pursue it that way, then the Court will decide if a CCJ is given against the debtor or not, you cannot "take out a CCJ".

I also think you cannot send invoices for the same service to two separate companies, just because one has been liquidated - you are in reality a creditor of the company which has been liquidated, not of the new company, so it may be viewed as fraud.

Garrybjr

Thanks for that.
It hadn't even entered my mind that by re-invoicing for the same work I was making myself legally vulnerable.
Although I have got emails from the person I worked for who’s the director of the old and new company requesting me to do so.

I think I need to speak to a solicitor about it