Serious Legal Question.

Discussion in 'Bulletin Board ARCHIVE' started by Euroman, Apr 19, 2007.

  1. Euroman

    Euroman Well-Known Member

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    I am going to take a company to Court for misrepresentation.</p>

    I can't afford the &pound;165 + VAT per hour the Solicitor is asking for, so I will have to use the Small Claims Court.</p>

    I had an e mail this morning from another individual who is taking them to Court. He told me the DTI are applying to the Court to have them wound up. This is for their business practices and misrepresentation, not financial reasons.</p>

    My question is can I still take them to Court after they are wound up. The Court case to wind them us is on the 3rd May and is in Manchester.</p>

    Any advice on how to us the Small Claims Court would also be welcome.
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    Euroman, Apr 19, 2007
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  2. Che

    Chef Tyke Well-Known Member

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    have you checked your household insurance, if you have LEI then this may pay for a solicitor. You need to act quickly because if they are being wound up there will be a list of people they owe money to and you will be an unsecured creditor (low down on that list). To be honest if they are being wound up I wouldn't fancy your chances and would be wary of paying out any money at all.

    how much are you claiming for? depending on this amount you have to pay a fee to initiate a claim in the SCC - again you will need to consider the fact you could be throwing good money after bad. The minimum for smallest claim is £30 I think
     
    Chef Tyke, Apr 19, 2007
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  3. Euroman

    Euroman Well-Known Member

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    As I said earlier they are not being wound up for debt. The DTI say is for the Public Interest.

    I will be going for the max of £5K but I have lost more than this.
     
    Euroman, Apr 19, 2007
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  4. Was

    Wastyke New Member

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    If the company is being wound up for malpractices it does not necessarily mean they are without funds, else they would be in receivership. I would do a reasonably costed 'financial search' to find out, if they have the money, if they have, then sue the bestarwards.

    There are legal people on the net who will do it for a fixed fee. I will get the details if you need em.
     
    Wastyke, Apr 19, 2007
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  5. Con

    Conkotyke Active Member

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    Agree with what Cheftyke said. If they are being wound up for insolvency it is unlikely you will recover anything and it will simply be another 30 quid lost. If no insolvency procedures have yet been started there is no problem in bringing the action. You might consider that for the small court fee of 30 quid it is worth the risk.
     
    Conkotyke, Apr 19, 2007
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  6. Che

    Chef Tyke Well-Known Member

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    Hi mate have you done prof con exam yet? got it tomorrow, had solicitors accounts on monday and drafting on wednesday - drafting was immensely dull!
     
    Chef Tyke, Apr 19, 2007
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