CCJ against Agency but still no payment

robiee4u

Hello,
I am an IT contractor and did some work for a client through an employment agency, JNR Digital LIMITED, former Jordan Norris Recruitment LIMITED, who has not paid me over £17K of invoice which was due 6 months ago. I made a court case using moneyClaimOnline and won the case. The agency director (its a one man company) has received the CCJ and was supposed to pay his first instalment of £500 last month but he did not pay. I feel he is reluctant to pay.
This agency did receive the full balance from the end client and has formed a new business doing the same thing under a new company name as Heart Recruitment or WeAreHeart Recruitment.
The director is clearly misusing the veil of corporation here to protect himself and trying to get away with the money. Any suggestions of getting justice by involving the director/recruiter in the case as he has been trading insolvent and is intentionally left the old business to die now?

Rylynn

Hi Robiee

It is now pretty late and I cannot answer this for you, but someone will be along but it may not be until the morning. Sorry to hear this guy is being such a pain and you are having so much hassle getting your money.

RL

Rylynn

I see you had already posted in small biz section, maybe someone here can give you some more advice. I will copy here what I put there.

Good grief this is pretty awful. For once I do understand what a limited company is as my mother owned one, and when it went bust just after my father died and she got ripped off, what did she do, she sold her home and paid all her creditors off! and was then homeless, and yes I know she should not have done that but she was and still is a very honest person.

I just thought I would add this, I tend to research anything that I see here like this, this guys first company looks hunky dory one Google til you look at the dates for the ads! none of them in 2013 so then I Google the next company oh yes all in 2013 but the bit that really made me want to weep was the catch line!

:mad:

We Are Heart Recruitment. Honest. Enthusiastic. Accurate. Responsive. Trustworthy.

:mad:

I feel very sorry for you OP that is one lot of money.

kaya

If your order was against a company name under which they no longer trade and they have opened up a new company and sold all the assets from the old company to the new one I'm afraid you're stuffed , its a very common occurrence and the debt can only be Enforced against the company named and not the man who owned it or the company he currently trades as , it's a lot cheaper to open a new company and transfer the assets over than pay out £17k

michael1983l

kaya wrote: »

If your order was against a company name under which they no longer trade and they have opened up a new company and sold all the assets from the old company to the new one I'm afraid you're stuffed , its a very common occurrence and the debt can only be Enforced against the company named and not the man who owned it or the company he currently trades as , it's a lot cheaper to open a new company and transfer the assets over than pay out £17k

In which case, I'd be tempted to pay him a "personal" visit. There is more than 1 way to skin a cat.

arcon5

You could of course appoint your own administrators via the courts who will be responsible for liquidating the assets and assessing the situation - thy would also look at the value any assets was disposed off by way of pre-pack in the pheonix of the company. The directors could also be held accountable for any wrong doing but all this is very expensive and at the end of it you could still end up with nothing.

Going forward though you need procedures in place to limit the amount of risk you are exposed to. Such as limits on credit offered, strict time scales for payments, do a credit search on the company, search the directors history to see if there is a pattern as there is in this case.

sue321

Keep asking politely for the money you are owed. That way they may well pay up just to get you off their backs. Persistence generally pays off.

darren_clarke

i know a builder that did that to some contractors he had work for him, they wait a few years, then put a valentines card thorough his door, saying i thought you love me sue, and painted on his wall, your married you bast@rd, cost him his wife and house and a lot of money in the divorce

dancingfairy

Go to the HMCS website and look into enforcing a judgement. I'm not sure how it works against a limited company but if you've got a judgement it's a good start.
You can look into ordering a winding up or appointing bailiffs or other remedies I think.
Good Luck
df