Small Claims Court - Insolvency Issues - Help please!

JohnSmith456

Hi, I was about to put a small claims court claim after sending the various communications prior to this, with no response.
However, whilst looking at the information online, it also directed me to look at the Individual Insolvency Register.
Unfortunately, I found the persons details that I am about to put the claim in for.
After trying to find more info, I am now stuck.
Then I noticed on the Insolvency Register that it started in 2017 but the status says "failed in August 2018".
I have tried to find out what this means, to no avail - can anyone help please?
If there is an Insolvency issue, I need to know if its even worth me claiming the money back via Small Courts and wasting more money on fees if he can not repay it?
It really annoys me that the money he has cheated us out of has also potentially been used to repay his debtors!
Thank you.

lincroft1710

Is it a company you are trying to take to court or an individual? What is the amount of money you claim he owes you?

JohnSmith456

lincroft1710 said:

Is it a company you are trying to take to court or an individual? What is the amount of money you claim he owes you?

Sole trader and amount we want to claim is just over £6k

Keep_pedalling

Presumably this was a failed IVA

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/individual-voluntary-arrangements/managing-your-iva/failure-of-an-individual-voluntary-arrangement/

i would check the ownership his home address with the land registry. If he owns a home he certainly will not want to risk bankruptcy, if he doesn’t he probably won’t care. I would still proceed with the SCC to at least land him with a CCJ, then take it from there.

JohnSmith456

Keep_pedalling said:

Presumably this was a failed IVA

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/individual-voluntary-arrangements/managing-your-iva/failure-of-an-individual-voluntary-arrangement/

i would check the ownership his home address with the land registry. If he owns a home he certainly will not want to risk bankruptcy, if he doesn’t he probably won’t care. I would still proceed with the SCC to at least land him with a CCJ, then take it from there.

Yes, thats right - it was a failed IVA.

I'm pretty sure he owns the house, but I will double check.

Thank you so much for your help, we have had a lot of stress and anxiety dealing with this and losing so much money too.

deannagone

Be prepared to upscale the case to get Sheriffs in if bailiffs aren't able to get the money.

Sandtree

deannagone said:

Be prepared to upscale the case to get Sheriffs in if bailiffs aren't able to get the money.

Weres the suggestion that the sole trader is in Scotland?

lincroft1710

Sandtree said:

deannagone said:

Be prepared to upscale the case to get Sheriffs in if bailiffs aren't able to get the money.

Weres the suggestion that the sole trader is in Scotland?

"Sheriffs" is an alternative name for "High Court Enforcement Officers"

Sandtree

lincroft1710 said:

Sandtree said:

deannagone said:

Be prepared to upscale the case to get Sheriffs in if bailiffs aren't able to get the money.

Weres the suggestion that the sole trader is in Scotland?

"Sheriffs" is an alternative name for "High Court Enforcement Officers"

https://en.wikipedia.org/wiki/High_Court_enforcement_officer 

Up until 2004 it was the name of them and then it became HCEO

I suspect the name is more commonly from the company The Sherrifs Office Ltd who appear on certain car crash/mid morning TV shows however thats just branding and the company offers a range of debt recovery services including HCEO but not exclusively so.

JohnSmith456

deannagone said:

Be prepared to upscale the case to get Sheriffs in if bailiffs aren't able to get the money.

How do we upscale the case?

JohnSmith456

More advice required please...land registry shows he does not own the house, but a relative does.

Any advice on what this means if we want to go to small claims court? Is it likely we will get any money back?