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Owed money by a former employer

5 replies

MaggieMagpie357 · 01/12/2022 00:15

Hoping someone on here may have some wise advice for me.

A very small business I did freelance work with for over three years ceased trading in the summer. The owner hinted at cash flow issues but then just stopped contacting me despite me sending emails, WhatsApps etc asking her to confirm if I should continue working. When I didn't hear from her after a full working week I emailed to let her know I wouldn't be doing anything further until she contacted me and sent my final invoice, which totalled roughly £1,100.

I heard absolutely nothing from her, even though the company was still taking money from customers (subscription- based online retail) and so after numerous final demand emails had gone unanswered I issued a demand for payment using the government money claim system which cost me £80.

Literally 5 mins after I submitted the claim, she paid me £700 - no email, nothing explaining anything. I updated the claim to incorporate the payment and they noted she still owed £400.

As she didn't contact them regarding my claim, a CCJ was then issued to her business address in September (this is the only address I have.) And I have heard
absolutely nothing since.

I have tried so many times to find advice on what to do next, but it all seems bafflingly complex to me - I even tried contacting her again via email today to give her one more chance to pay as she seems to have set up another business but I just received excuses and lies (she says she is not personally responsible for the debt and that the business was wound up in July which is not what Companies House says - and she is/was the sole director.)

It seems like I can either go through the courts and issue a summons which would have to be hand delivered (not possible as I don't know where she is!) or I have to pay a debt collection agency to act on my behalf. I know £400 doesn't sound like a lot but it's mainly the principle of it and the fact that she has behaved like a coward and treated me appallingly, when I have been extremely loyal to her - even when some of her business practices were questionable!!

Any advice really gratefully received! (And apologies for the long post!)

OP posts:
MaggieMagpie357 · 01/12/2022 13:37

Bumping this in case anyone can help??

OP posts:
Lilly11a · 01/12/2022 13:44

If it was a limited company that was wound up -she is correct ,debt dies with the company. It is only if she was a sole trader she remains liable for the debt until bankruptcy.

You would need to put a claim in with the administrators but this is likely to be pennies in the pound if anything.

Sorry this isn't the news you want to hear .

MaggieMagpie357 · 01/12/2022 13:59

I think she is lying about winding the company up though - there is nothing on Companies House that suggests it this is the case. And if it was true, why didn't she tell the court that? She just didn't respond to the CCJ.

OP posts:
Avidreader12 · 02/12/2022 07:50

Can you not instruct bailiffs to enforce the ccj. They will have tools to trace the party. As long as the business hasn’t been wound up. Google her name if she was a director it will show companies she’s linked to and their status.

MaggieMagpie357 · 02/12/2022 08:35

@Avidreader12 this is my dilemma. I think it will cost around £100ish to instruct bailiffs. I was hoping someone on here may have been in a similar situation and have so advice!

OP posts:
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