Employment Tribunal Success but no Payment

moneytorques

I won my Hearing at the ET in July and the Employer listed as the Defendant failed to make payment.
I have since employed the HCEO to collect the debt through a court signed writ.

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.
I've just had a letter from the HCEO saying they will no longer pursue the Claim by visiting as the met the Director at the Property to be told the Company is in liquidation, yet I wrote to Companies House in August and objected to it being struck off as I was a creditor.

I'm trying to confirm if I can place a charge on the Property so I am repaid (£5k) out of the sale but cannot see any similar cases?

Anyone have any experience of the processes or advice on options going forward?
The company are not doing any works but are still legally (open) operating.

Thanks.

Undervalued

moneytorques said:

I won my Hearing at the ET in July and the Employer listed as the Defendant failed to make payment.
I have since employed the HCEO to collect the debt through a court signed writ.

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.
I've just had a letter from the HCEO saying they will no longer pursue the Claim by visiting as the met the Director at the Property to be told the Company is in liquidation, yet I wrote to Companies House in August and objected to it being struck off as I was a creditor.

I'm trying to confirm if I can place a charge on the Property so I am repaid (£5k) out of the sale but cannot see any similar cases?

Anyone have any experience of the processes or advice on options going forward?
The company are not doing any works but are still legally (open) operating.

Thanks.

You need to establish for certain if the company is still trading. If so you need to give evidence of that to the HCEO ASAP.

However, even if so that doesn't mean that there are company assets for the HCEO to seize. The home may be a personal asset and not (legally) owned by the company. Your claim is (presumably) legally against the company and not the director personally.

Frustrating as it s be very careful not to throw good money after bad. 

Hoenir

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

moneytorques

So it looks like I will need to wait for the company to be Liquidated then I can get a CN Case Number from any Liquidator and potentially go to the HMRC channel for unpaid PAYE. 

moneytorques

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

Marcon

OP - if you've not done so already, you can follow the saga by going to https://www.gov.uk/get-information-about-a-company and entering the company's name.

Go back to the HCEO and point them to that listing/mention what the liquidators said.

Undervalued

moneytorques said:

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!

MattMattMattUK

Undervalued said:

moneytorques said:

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!

However they still cannot recover a debt if the company has no assets. 

Marcon

MattMattMattUK said:

Undervalued said:

moneytorques said:

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!

However they still cannot recover a debt if the company has no assets. 

If it's a members' voluntary liquidation the company must be solvent - and there's no evidence to indicate what sort of liquidation this is. A question for the liquidators...

moneytorques

Undervalued said:

moneytorques said:

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!

The company has no assets as the Directors withdrew all the funds into their personal accounts some time ago and sold off the Property. 
They are overdue submitting accounts by 7 months.

I am surprised there isn't more protection afforded to PAYE employees this is unscrupulous.

Undervalued

MattMattMattUK said:

Undervalued said:

moneytorques said:

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

Hoenir said:

moneytorques said:

The HCEO have been door knocking on the Company Address which is also one Directors home, said home is now on the market.

Your claim is against the Company. Not the Director personally. 

If the company is in liquidation then likely to be insolvent. Your claim as a creditor will be added to the queue.

The company isn't it liquidation, I rang the liquidators to confirm they can't as I put an objection in to companies house to the company being struck off.

As I said in my earlier post, if you have evidence that the company is not in liquidation, you need to get that to the HCEO ASAP and (politely) tell them to get on with the job you have paid them to do!

However they still cannot recover a debt if the company has no assets. 

Indeed, as I had also cautioned in my earlier reply.