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Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3576
Experience:  LLB, LPC, DELF
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A company owes me money (less than �10K). I noticed about 2

Customer Question

A company owes me money (less than �10K). I noticed about 2 weeks ago that they submitted an application to strike off, but now it appears that there is a first notification of withdraw of this application. The license agreement that the company entered into with me (and which they owe me money for) is for a shared asset, and I have just noticed that one of the company directors has created a new company, and that new company's name is ***** ***** name as our shared asset. Could this be fraud? Do you think that they are trying to trade under a different company name to try and avoid paying me? What steps do I need to take? Can I take them to small claims court (I have already had a lawyer send two letters to try and get my �, but this didn't work, and it cost me a lot of �).
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the new company using the shared asset? Are you owed the money as licensor of the asset? Kind regards AJ

Customer: replied 1 year ago.
We signed a License Agreement, where we shared the asset - I programmed something for them, and in it is their company logos and branding. I believe this branding has now been transferred to the new company. They still owe me for the programming.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. There are two issues here:

(i) Do you want to sue the old company to recover the debt of £10k?

(ii) Was the license assignable to another entity? If no then you should look to terminate the license or agree a new one with the new company that involves you being repaid the money you are owe. If the answer is yes, the license is assignable - did you receive a notice of assignment?

Customer: replied 1 year ago.
1) I want to recover the money owed. So yes, if I have to take them to court I will.
2) The license was absolutely not transferable, particularly when i wasn't even notifed about the new company.
Expert:  Alex J. replied 1 year ago.

Hi,
Thank you.

The easiest way to recover the money, as I have said maybe to commence a negotiation to produce a new licence with the new company. Do you have any rights to terminate the licence?

If you want to sue the old company, as it is not dissolved or in liquidation, you can start a money claim here

https://www.moneyclaim.gov.uk/web/mcol/welcome

Do you have a copy of the license I can review? Kind regards AJ

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