Being made to struggle at no fault of your own

Minkym00

ToxtethO'Grady said:

If the company has no assets or cannot pay the High Court writ then you can apply to wind up the company.I know with individual debts that if the High Court writ is returned as non-enforceable 'nulla bona' then you do not need to issue a statutory demand and can proceed straight to a bankruptcy petition.

Wouldn’t advise this personally. The problem with winding up the company is that the OP will have to pay yet more costs to wind the company up and, if there are no assets in the company, then they would be just throwing more away. If there are assets in the liquidation, then the OR would take their fees first, diluting what it is left for the OP. Plus, even if the company has the funds they have been ordered to pay, the OP doesn’t know if the company has any other creditors. What if they owe the bank £10k and a supplier another £10k? Then any distribution would be split pro-rata amongst all the creditors and the OP, and could mean the OP only gets pennies in the pound on what they are owed. 

in my view the OP would be better off arranging a payment plan with them through a High Court Enforcement agent. 

ToxtethO'Grady

Just giving options Minkym00.

It's the nuclear option admittedly however reading the OP's post they seem to have taken legal advice to pursue this to the nth degree and it has cost more than the debt. If the firm are thinking of liquidating it would be best for the OP to get them wound up with the other creditors so they have a dog in the fight so to speak.

It would also put a stop to the legal advice.

Minkym00 said:

ToxtethO'Grady said:

If the company has no assets or cannot pay the High Court writ then you can apply to wind up the company.I know with individual debts that if the High Court writ is returned as non-enforceable 'nulla bona' then you do not need to issue a statutory demand and can proceed straight to a bankruptcy petition.

Wouldn’t advise this personally. The problem with winding up the company is that the OP will have to pay yet more costs to wind the company up and, if there are no assets in the company, then they would be just throwing more away. If there are assets in the liquidation, then the OR would take their fees first, diluting what it is left for the OP. Plus, even if the company has the funds they have been ordered to pay, the OP doesn’t know if the company has any other creditors. What if they owe the bank £10k and a supplier another £10k? Then any distribution would be split pro-rata amongst all the creditors and the OP, and could mean the OP only gets pennies in the pound on what they are owed. 

in my view the OP would be better off arranging a payment plan with them through a High Court Enforcement agent. 

Minkym00

The OP would have a dog in the fight in any case if the company is wound up, they have a court order. Once the company is wound up however they are extremely unlikely to get any money. Far better in my view to allow the company to trade their way out of the debt. 

unlucky4me

Update after sending a message to the court to chase up the the official judgement they informed me this had been sent to me solicitor and the window company Yay. After a week of no contact from my solicitor!!.  I decided to call them, well the next bit of good news is there isn't any, the court put the wrong dates on the judgement and it has had to go back, unbelievable these are the stupid hiccups that have caused problems all the way through. Can the situation get any bloody worse, this gives them more time to try and get out of this situation, it always seems to go in their favour, leaving me to continue to deal with this financially.   

ict_guy

I am very surprised the court took this action. The £18000 fees are excessive and disproportionate to the claim of the windows (£4000). No wonder the other side haven’t paid! 

You were poorly advised by the solicitor as far as I am concerned. Was there ever a time when you thought you’d cut your losses? I fear that this could end badly for you if you continue to put money in........

unlucky4me

ict_guy The Judge ruled this as he felt it was a case because we paid cash, we was constantly pushed aside they had nothing to gain from us anymore as we owed them nothing. Had we owed money and refused to pay until the windows were, fitted properly he believed they would have corrected the windows sooner.  we had terrible damage to the walls inside and out i wish i could show the pictures its unbelievable what damage was done.