Posted by CuP Alloys 1 on 30/01/2018 11:30:41:
If you paid CVS (not limited) you paid an individual trading as CVS. If that individual has money or assets you can recover that money through the County Court.
Keep your sense of humour and enjoy the sport. You can get your money back.
Keith
Keith
I spent 41 years working in corporate insolvency, bankruptcy and debt collection.
If only it were that simple.
Golden rule no.1 is to find out if Tim whateverhisname is actually in liquidation (a company) or bankruptcy (sole trader), or he has merely ceased trading and not paying back deposits. This is important, since it will be dealt with in totally different ways.
The second step will be to find out if he has any assets. If he hasn't, you will be better going outside and banging your head on the wall, the outcome will be kinder.
Almost guaranteed is that if he owes one person money, he will owe others.
In a liquidation or bankruptcy, secured debtors will be paid first from any assets, secured including any lenders, HMRC etc.
Only then will ordinary creditors (such as people that paid a deposit) be paid, and they will rank pari passu (equal) to each other for any dividends that may be paid – frequently the payout in a simple insolvency will only pay back a few pence in the pound, and that will probably take at least a couple of years.
Just banging in a Money Claim Online claim for the money is a waste of time if there no assets, since even if a judgement is made against Tim, you can't enforce it if he has no assets; and this is only the way to approach it if he isn't bankrupt.
With my background I would be the last person to say 'don't bother' when pursuing charlatans, but anyone owed £200 has to make a valued judgement if they want to spend this and more in their time and fees, and equally with my background I would be the first to say check if there are any assets you can go after BEFORE starting proceedings, as it may be a waste of time.