Help with small claims court, Scotland please!

[BarGirl]

Hopefully someone can help. I am just so very fed up of it all.
I and quite a few others have taken our old bosses to court for non payment of wages with ACAS help. Our bosses had opened a business and did a huge fraud (pheonix type thing). HMRC and CID are involved. We won the court case but the sherrif officers couldn't , surprisinly, find them to reclaim the money even though one has just been in court on another matter.
We have now been told to take it to small claims and then it will get refunded by a government N.I grant.
Is this correct and how do I go about taking it to the small claims court? I have been representing all of us a group claim and quite frankly, I'm tired, stressed and in a muddle now.

Pressed send to soon.
We were paid in cash weekly. We were told that the NI and tax were taken out, which tallyed with the hours and pay we were given. We never got payslips, we rang the accountant but there was never any reply.
After checking with HMRC they had never paid it, just skimmed it off for themselves. So, will this screw us up as we now have gaps in our tax/ N.I records?

If the business is now insolvent you need to make a claim using form RP1 - see this page for details. I believe this is the same for Scotland.

Note, by the way, that RP1 is nothing to do with small claims.

Ok. Thanks. I'll get onto that. They have apparently been opening and shutting companies for over ten years leaving huge debts.

Ahhh. According to Beta Company, they aren't insolvent yet.

Because HMRC authorise employers to deduct at source, they are effectively acting as HMRC's agents. You should never have to suffer if they then fail to account to HMRC for your tax and NI.

If they are not insolvent and you already have a judgement against them you need that judgement enforced. Taking the company to small claims won't achieve anything and it isn't clear if you have a claim against the directors. Talk to your solicitor about your options.