SCC - company went into administration

slgbkfa

My holiday in 2020 was cancelled due to COVID. I have since tried to claim my money back with no luck, finally leading me down the small claim courts route. I won at court in December and the defendant was ordered to repay me by the 24th January. I haven’t been paid. The company went into administration last year and it has since been taken over by another company. I know that it is the new companies responsibility to notify the courts on all existing court action from the previous company but they clearly haven’t. I know this because during the hearing the judge told me they hadn’t heard from the company and the company didn’t show up at court. So before I waste my time proceeding with further legal action for my money - does anyone know what I should do? Continue to chase the old company name and hopefully it knocks on the right door? Or do I need to change the name of the defendant on my proceedings? (Not my responsibility but I do want my money back). 

emmajones1976

So you won in court AFTER they had gone into administration.

You arent getting a single penny then, sorry to be blunt. You probably "won" by default as nobody turned up from the defunct company.

Thrugelmir

If the company went into administration. Then there's no one left to turn up. There's no employees left. A new company may well have taken over the business assets. These would have been bought from the asdministrator who wound the business up. However they have no liability for the old company's debts and liabilities. 

slgbkfa

Great 👍🏻 🙄 so two years and further money wasted. As the company was protected by ATOL - would you know if I can claim my money that way?

emmajones1976

That should have been your very first port of call! What was the full name of the company? I cant see a company called "SCC" on the list of ATOL failures.

This depends if your trip was actually ATOL protected though.

slgbkfa

Emma, please try to be a little more sympathetic and less judgmental, thanks.
The company went into administration JUST before the court hearing - I wasn’t aware of exactly when it happened. Nor was I notified, I found out by chance via social media.
SCC stands for Small Claims Court and yes it was ATOL protected.

jimi_man

emmajones1976 said:

That should have been your very first port of call! What was the full name of the company? I cant see a company called "SCC" on the list of ATOL failures.

This depends if your trip was actually ATOL protected though.

I might be wrong but I think 'SCC' may be Small Claims Court.

emmajones1976

slgbkfa said:

Emma, please try to be a little more sympathetic and less judgmental, thanks.
The company went into administration JUST before the court hearing - I wasn’t aware of exactly when it happened. Nor was I notified, I found out by chance via social media.
SCC stands for Small Claims Court and yes it was ATOL protected.

Where have I been judgemental? It should have been your first port of call, there is no way to sugar coat that.

Can you tell us the name of the company?

slgbkfa

I can’t do something about a matter I’m not aware of. You’re assuming I could have done something or should have known. If the company had notified me then of course it’s my responsibility. They’ve left customers blind and we’re supposed to know better?

emmajones1976

Can you tell us the name of the company?

Thrugelmir

slgbkfa said:

The company went into administration JUST before the court hearing - I wasn’t aware of exactly when it happened. Nor was I notified, I found out by chance via social media.

Even they hadn't gone into administration at that time. The CCJ obtained would have meant nothing. As would never have been enforcable. While court action is often recommended on these forums. One always has to weigh up whether it's going to be effective and produce the desired outcome.