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Personal Debt Recovery
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Hoping someone can help me. I am trying to recover a personal debt (for care home fees, paid in advance) but the owner/manager has closed the care home and I don't have a personal address for her. I have gone through the CCJ process, but the documents were returned to sender as I could only send them to the care home address and this is closed. I believe the CCJ still sits against the owner, but wondered if there is any other way I can try to recover the debt - it's about £2000 plus any interest I can claim. The owner is ignoring any contact I make by phone or email and I don't even know if these are still correct details now. I have tried citizens advice but they don't help with debt recovery and I am not sure where to turn next. Any advice will be greatly appreciated.
Answers
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Here's the information I've found and my advice based upon it: Spinnaker Lodge Care Home was run by Spinnaker Lodge Limited. The sole director of that company was, and remains, Carol Were. The address of the registered office of the company is 8th Floor, Connect Centre, Kingston Crescent, Portsmouth, PO2 8QL. It's that address to which all legal notices...
19:26 Sun 19th Jan 2020
Was the business run as a limited company? If so, the business and its owner are entirely separate legal entities, meaning that you can't pursue the owner for the debts of the business. If the business has gone into liquidation then, unless there's still money available from its assets (through the Official Receiver), you've lost your money.
However if the owner of the business wasn't registered it as a limited company (i.e. if the owner was operating as a 'sole trader' or as part of a partnership) you can pursue her (and/or any other partners involved in the business) for the debts of the business. I'd be surprised if that was the case though, as most care home businesses are operated as limited companies.
The name of the business (or of the care home it operated) might help here.
However if the owner of the business wasn't registered it as a limited company (i.e. if the owner was operating as a 'sole trader' or as part of a partnership) you can pursue her (and/or any other partners involved in the business) for the debts of the business. I'd be surprised if that was the case though, as most care home businesses are operated as limited companies.
The name of the business (or of the care home it operated) might help here.
Here's the information I've found and my advice based upon it:
Spinnaker Lodge Care Home was run by Spinnaker Lodge Limited. The sole director of that company was, and remains, Carol Were. The address of the registered office of the company is 8th Floor, Connect Centre, Kingston Crescent, Portsmouth, PO2 8QL. It's that address to which all legal notices (including demands for payment) should be sent.
On 5 August last year, Ms Were applied to Companies House for the company to be struck off the register (= 'dissolved'). She was legally obliged to notify all creditors of the company (including you) that she'd made such an application within 7 days.
On 13 August last year Companies House published the 'first Gazette notice', stating that the company would be dissolved two months after that date "unless cause is shown to the contrary". (e.g. a creditor, such as yourself, coming forward and demanding that the company pay their debt before ceasing to exist).
On 22 August last year the voluntary striking-off of the company was suspended by the Registrar at Companies House as he had received an objection to it. (That might well mean that another creditor has demanded payment before permitting the striking-off to go ahead).
So the company remains 'active' as far as the law is concerned (meaning that you can still make claims against it).
You need to write TWO letters.
Your first letter should be a formal demand for payment, in roughly the following format:
"DEMAND FOR PAYMENT
TAKE NOTICE that I, (name), of the above address DEMAND PAYMENT of the sum of £xxxx, this being the sum paid by me to your company on (date) in respect of services which were never received at Spinnaker Lodge Care Home.
FURTHER TAKE NOTICE that if payment of the said amount is not received within FOURTEEN DAYS, I shall commence LEGAL PROCEEDINGS against your company.
FURTHER TAKE NOTICE that if such legal proceedings become necessary, I shall request that the judgment made against your company includes both interest on the sum owed and my legal costs.
Your faithfully"
That letter must clearly show
(a) your address ;
(b) both the name and the registered address of the company ; and
(c) the date upon which it is sent.
You should use Royal Mail's 'Signed For' service to send it, ensuring that you retain the proof of posting.
Your second letter (which should also be sent 'Signed For') should be addressed to 'The Registrar, Companies House, Crown Way, Cardiff, CF14 3UZ', including a copy of your first letter and take roughly the following form:
"Dear Sir
I have been made aware that the sole director of Spinnaker Lodge Limited (Company number 09040030) submitted an application for the voluntary striking-off of the company on 5 August 2019. I have further been made aware that the strike-off action was suspended on 22 August 2019 following receipt of an objection.
Please note the following:
(a) I am a creditor of Spinnaker Lodge Limited. (I enclose a copy of my demand for payment to the company) ;
(b) I did not receive notification of the application to strike off the company from the register (as required under s.1006 of the Companies Act 2006) ;
(c) I wish to object to the striking-off of the company on the grounds that I am still actively pursuing a debt from the company.
Yours faithfully"
If you don't receive payment within 14 days, initiate legal proceedings using HM Courts and Tribunals Service 'Money Claim Online' process:
https:/
Good luck!
Spinnaker Lodge Care Home was run by Spinnaker Lodge Limited. The sole director of that company was, and remains, Carol Were. The address of the registered office of the company is 8th Floor, Connect Centre, Kingston Crescent, Portsmouth, PO2 8QL. It's that address to which all legal notices (including demands for payment) should be sent.
On 5 August last year, Ms Were applied to Companies House for the company to be struck off the register (= 'dissolved'). She was legally obliged to notify all creditors of the company (including you) that she'd made such an application within 7 days.
On 13 August last year Companies House published the 'first Gazette notice', stating that the company would be dissolved two months after that date "unless cause is shown to the contrary". (e.g. a creditor, such as yourself, coming forward and demanding that the company pay their debt before ceasing to exist).
On 22 August last year the voluntary striking-off of the company was suspended by the Registrar at Companies House as he had received an objection to it. (That might well mean that another creditor has demanded payment before permitting the striking-off to go ahead).
So the company remains 'active' as far as the law is concerned (meaning that you can still make claims against it).
You need to write TWO letters.
Your first letter should be a formal demand for payment, in roughly the following format:
"DEMAND FOR PAYMENT
TAKE NOTICE that I, (name), of the above address DEMAND PAYMENT of the sum of £xxxx, this being the sum paid by me to your company on (date) in respect of services which were never received at Spinnaker Lodge Care Home.
FURTHER TAKE NOTICE that if payment of the said amount is not received within FOURTEEN DAYS, I shall commence LEGAL PROCEEDINGS against your company.
FURTHER TAKE NOTICE that if such legal proceedings become necessary, I shall request that the judgment made against your company includes both interest on the sum owed and my legal costs.
Your faithfully"
That letter must clearly show
(a) your address ;
(b) both the name and the registered address of the company ; and
(c) the date upon which it is sent.
You should use Royal Mail's 'Signed For' service to send it, ensuring that you retain the proof of posting.
Your second letter (which should also be sent 'Signed For') should be addressed to 'The Registrar, Companies House, Crown Way, Cardiff, CF14 3UZ', including a copy of your first letter and take roughly the following form:
"Dear Sir
I have been made aware that the sole director of Spinnaker Lodge Limited (Company number 09040030) submitted an application for the voluntary striking-off of the company on 5 August 2019. I have further been made aware that the strike-off action was suspended on 22 August 2019 following receipt of an objection.
Please note the following:
(a) I am a creditor of Spinnaker Lodge Limited. (I enclose a copy of my demand for payment to the company) ;
(b) I did not receive notification of the application to strike off the company from the register (as required under s.1006 of the Companies Act 2006) ;
(c) I wish to object to the striking-off of the company on the grounds that I am still actively pursuing a debt from the company.
Yours faithfully"
If you don't receive payment within 14 days, initiate legal proceedings using HM Courts and Tribunals Service 'Money Claim Online' process:
https:/
Good luck!
Hi Buenchico
Just an update, since the 14 days have now passed and I have not heard anything back from either of the letters sent ... I have gone back onto the MCOL website, I have already requested a Judgement back in June 2019 so I have now requested a Warrant and added the £77 charge onto the debt owed. Do I need to do anything else? Are you able to explain to me what might happen next? Thank you again for all your assistance with this.
Just an update, since the 14 days have now passed and I have not heard anything back from either of the letters sent ... I have gone back onto the MCOL website, I have already requested a Judgement back in June 2019 so I have now requested a Warrant and added the £77 charge onto the debt owed. Do I need to do anything else? Are you able to explain to me what might happen next? Thank you again for all your assistance with this.
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