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Alex J.
Alex J., Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 2537
Experience:  2 Years Insolvency Litigation
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HI THERE. I was a sub contractor to M D ABRAHAM IMITED for couple of months.Then that com

Resolved Question:

HI THERE.
I was a sub contractor to M D ABRAHAM IMITED for couple of months.Then that company decided to quit and to gave all contracts to but he did not pay to my company and all 6 people who used to work for me and the debt is for over 14 000£
What i need to do and hoe can i get my money back as my company is almost in bankrupt
Thanks
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Alex J. replied 1 year ago.
Hi,

Thank you for your question and welcome to Just Answer.

Where have all the other contracts gone?

Is all your work invoiced and due and owing?

Kind regards

AJ
Customer: replied 1 year ago.

when he decided to quit the company offer me to keep going on the seem way just to become as a contractor.but for the time when he has a notice from the main company (YODEL) which is a month i had to keep everything under control to not as a subcontractor ,all my work has been invoiced but i did not receive full invoice payment or either any payments till now they are more then 14 000 + VAT and my company is now have to pay for fuel vans and wages more then 15 000£ thats mean Im almost in bankrupt

Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

I appreciate that the cost of legal action is probably prohibitive in this circumstance. The debt is for £15,000 and you are probably looking at £5k of costs to commence court proceedings.

I would suggest the following - send the company a statutory demand. This is a very inexpensive of putting pressure on some one to pay when the debt is not disputed. The company will then have 21 days to pay under a penal notice, if they do not pay winding up proceedings will be immediately imminent.
https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand - Here is a link to the Statutory demand form - you need to use the form 4.1

Can I be of any further assistance?

Kind regards

AJ
Customer: replied 1 year ago.

i already got this and also -http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online/frequently-asked-questions


but how is the quickest way to get this money back . All this will take time and i have payments due on 16/01/2012


-5342.89£ fuel


-10272£ vans


-wages (still have no invoice from the sub-contractors)


-VAT payment as my quoter payment is waiting for payment

Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

I am sorry to be the bearer of bad news but this is the absolute quickest way to put pressure on him to pay you. Otherwise you will have to agree some form installment payment plan with him. If someone is refusing to pay then the only way to put pressure on them is to start proceedings.

A few tactics that can work with speed are:

1. Employ a commercial bailiff;
2. Draft the claim form and send it to the company, sometime this will force a debtor into action.

I look forward to hearing from you.

Kind regards

AJ

Customer: replied 1 year ago.

Thanks , this might help to force the debtor.


Is the government involve in that situate when i need to pay them VAT but i did not receive it as a payment from the main company

Expert:  Alex J. replied 1 year ago.
Hi,

Thank you.

Have you considered simply reversing the invoice? If you do that the work done can be put to work in progress and you wont have to pay the VAT. If the contractor is ever in a position to pay you can then re issue the invoice.

You will have to check with your accounting policies as to how you deal with bad debtors first.

Kind regards

AJ
Alex J., Solicitor
Satisfied Customers: 2537
Experience: 2 Years Insolvency Litigation
Alex J. and 3 other UK Bankruptcy Law Specialists are ready to help you

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