If You Are Ripped Off By A Company, Can You Sue The Individual Owner Personally?

[joko]

i have posted a few other questions about a job i did in which i am owed £7000

still no luck in getting it but been doing a bit of digging - he has mentioned having to go in to administration if people sue him, in which case we would all get nothing.

problem is, up until the moment we saw the contract, the company name he was using on it was unknown to us (call it Blaggs) - as far as we were all aware the main film company name, (call it BCF Films) and him, (DG) were who we were working for... and in fact the proper film co name is not on the contract at all, nor is his name ... only Blaggs - i did not realise at the time be cause i was checking the terms and details...

looking on company registers it seems the re-registered this other co, (Blaggs) just before the film and it shows it has, no cash or assets etc at all

is this a scam?
has he just made up a company etc so he can liquidate it, get out of paying us all, and then carry on as normal with his other main company, the BCF Films one?

if so can i sue him personally?
or can i sue the other company- BCF Films?

BCF Films is the one that is written on the film, the one that i have been corresponding with, the one the website is listed under - etc etc

I have a lot of documents that only state BCF films not Blaggs, so could prove it is reasonable for us to assume we were working for BCF fims.
it is not unusual for films to be made by various companies banding together in one way or another

he is still asking me to wait, and giving me a load of the same sob story but i want him to know that i will not let this go.


Thanks all

[bednobs]

is blaggs a limited company?

[joko]

bednobs - yes it is

[bednobs]

i am not 100% sure, but i think that means that he is not personally liable for the company's debts (ie if the company employed you, you cannot sue him directly) he is limited to the value of the shares he has in the company

[woofgang]

yes, that's the point of a limited company...it limits the liability of the owners/directors/shareholders etcet.

http://blog.thecompanywarehouse.co.uk/2010/02/03/advantages-and-disadvantages-of-a-limited-company/

[joko]

ah. ok. bummer. thanks

[EDDIE51]

Reading woofgang's link it looks like he set up 'Blaggs' as a private limited company just to get out of paying.

[Eve]

Make sure you are noted as a creditor so if he does go under you may get something if he goes into liquidation. Maybe not and possibly unlikely if this is the way the business is being run but it's worth getting in there just in case.

http://www.bis.gov.uk/insolvency/Companies/cl

Have you tried to negotiate any kind of payment plan as opposed to payment in full, get something rather than nothing.

[Eve]

Info in case of insolvency (seems likely that others are owed money).

http://www.bis.gov.uk/assets/insolvency/docs/publication-pdfs/guideforcreditors.pdf

[smptrds]

If he keeps asking you to wait then he is securing all possibilities of you making any possible claim.
Give him a set time to respond with a positive answer and inform him that you intend taking legal action against the (Ltd.) Company if you do not get a reply.