▲ 44 r/LegalAdviceUK
I am a sole trader who freelances as a web developer, based in England.
- I Won a small claims case last year, CCJ issued against LTD company
- Payment plan agreed: 4 instalments
- 3 instalments paid, final instalment unpaid
- Debtor said delay was due to late payment from their client, but then never paid the final instalment (over £800, less than £1000)
- Began High Court Enforcement, but delayed due to court admin error (writ returned unsealed)
- During delay, company was dissolved (~4 months after final instalment due). I had previously suspended dissolution but was not aware that I wouldn't be notified when the suspension was coming to an end.
- Unable to enforce CCJ due to dissolution
- Director has since set up a new LTD company within ~1 month
- Appears to be trading with the same clients under the new company.
- I have been blocked from viewing their profile on LinkedIn, however incognito view shows that they are now active again since starting the new company.
Questions:
- Do I have any realistic route to recover the remaining balance at this stage?
- Does the new company / same client situation raise any legal issues (e.g. phoenixing), or is this likely to be considered legitimate?
- Is there any way to pursue the director personally given the circumstances?
u/MattFTWWW — 11 days ago