u/MattFTWWW

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?
reddit.com
u/MattFTWWW — 11 days ago