Debt Collection Question

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networkn

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#208379 9-Feb-2017 12:54

We recently won an award via disputes tribunal for around $2500. The company I won against has a few similar awards which they have not paid.

I am wondering what I need to do to have the company wound up as insolvent if they don't pay us?

What is the process?

I am hoping we can get them wound up, liquidated, and struck off so they can't hide behind this Limited Liability company any more when advertising for work (which they are still doing).

The main worker is a guy who spent time in prison for trying to defraud people in a similar way.

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#1717636 9-Feb-2017 12:58

Can you place a statutory demand on this business?
If so place it and wait out the time frame and watch the liquidation.

Statutory demand
(1)A statutory demand is a demand by a creditor in respect of a debt owing by a company made in accordance with this section.
(2)A statutory demand must—
(a)be in respect of a debt that is due and is not less than the prescribed amount; and
(b)be in writing; and
(c)be served on the company; and
(d)require the company to pay the debt, or enter into a compromise under Part 14, or otherwise compound with the creditor, or give a charge over its property to secure payment of the debt, to the reasonable satisfaction of the creditor, within 15 working days of the date of service, or such longer period as the court may order.

networkn

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#1717637 9-Feb-2017 13:00

Not sure if we can do this as individuals?

Coil

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#1717641 9-Feb-2017 13:07

networkn:

Not sure if we can do this as individuals?

Thats a tough one, maybe best to be taken up with your Lawyer, If you can justify that over $2500.
A friend of mine who is a builder, He had an issue with a 'professional fraud'. This is a growing trend i have seen.

xpd

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#1717682 9-Feb-2017 14:09

All that will happen is that they start a business with very similar name using a family members name and start all over again..... my folks got ripped off by a builder who had done it multiple times, lawyers said theres nothing that can be done, its just the way the law is.... which sucks because this particular guy was driving around in yet another brand new Holden while my folks were out of pocket by 10k.

XPD / Gavin

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networkn

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#1717684 9-Feb-2017 14:14

xpd:

All that will happen is that they start a business with very similar name using a family members name and start all over again..... my folks got ripped off by a builder who had done it multiple times, lawyers said theres nothing that can be done, its just the way the law is.... which sucks because this particular guy was driving around in yet another brand new Holden while my folks were out of pocket by 10k.

Don't worry, I have it covered. We will be applying for bankruptcy of the individual which will prevent him starting a company for 5 years.

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#1717685 9-Feb-2017 14:16

networkn:

Don't worry, I have it covered. We will be applying for bankruptcy of the individual which will prevent him starting a company for 5 years.

Can you bankrupt a shareholder/director of a limited liability company for a company debt?

Mike

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networkn

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#1717688 9-Feb-2017 14:19

MikeAqua:

networkn:

Don't worry, I have it covered. We will be applying for bankruptcy of the individual which will prevent him starting a company for 5 years.

Can you bankrupt a shareholder/director of a limited liability company for a company debt?

If you can show he was deliberately running his business insolvently/fraudulently, which I believe we can.

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#1717689 9-Feb-2017 14:20

networkn:

MikeAqua:

networkn:

Don't worry, I have it covered. We will be applying for bankruptcy of the individual which will prevent him starting a company for 5 years.

Can you bankrupt a shareholder/director of a limited liability company for a company debt?

If you can show he was deliberately running his business insolvently/fraudulently, which I believe we can.

Nice, best of luck.

Mike

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#1717702 9-Feb-2017 14:28

If they have done this a few times already, how did you get caught out, and now have a debt to chase ?

Surely a google search would have hinted at anything untoward ?

If you don't have any success, then surely a social media blasting thru Facebook, twitter and all that will leave a digital record that this person cannot be trusted ?

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#1717705 9-Feb-2017 14:31

SepticSceptic:

If they have done this a few times already, how did you get caught out, and now have a debt to chase ?

Surely a google search would have hinted at anything untoward ?

If you don't have any success, then surely a social media blasting thru Facebook, twitter and all that will leave a digital record that this person cannot be trusted ?

We had no idea they had done this before, until it was too late.

I don't expect to have any trouble either getting my money or forcing them to close their doors. Either is fine with me. I'd prefer my money, but making sure he can't prey on elderly people on an ongoing basis is my primary goal.

I was disappointed the parole board didn't follow up on his clear breaches and neither did Fair Go despite an earlier indication of interest.

mdf

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#1717712 9-Feb-2017 14:41

Companies Office has some useful materials:

Enforcement generally
Director Prohibitions (management banning orders)
Insolvency and Trustee Service

Disclaimer: I worked for the Companies Office some time ago, but all of the above is public (obviously).

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#1717740 9-Feb-2017 15:14

You could always look at engaging a specialist debt collection company, Baycorp, East Coast Credit Control or similar. Given that you have an enforceable debt the process from there should be fairly straight forward.

I don't know if he is still on the forum but have a look through this thread

http://www.gpforums.co.nz/threads/382668-Debt-Collecting-for-Noobs

Some certainly dont agree with the tone of the thread, but if you take out the antagonistic aspects, debts certainly can be chased effectively.

Coil

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#1717778 9-Feb-2017 16:15

sen8or:

You could always look at engaging a specialist debt collection company, Baycorp, East Coast Credit Control or similar. Given that you have an enforceable debt the process from there should be fairly straight forward.

I don't know if he is still on the forum but have a look through this thread

http://www.gpforums.co.nz/threads/382668-Debt-Collecting-for-Noobs

Some certainly dont agree with the tone of the thread, but if you take out the antagonistic aspects, debts certainly can be chased effectively.

A friend of mine knows Aaron well, Ill track him down for you if you want?

networkn

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#1717780 9-Feb-2017 16:27

TimA:

sen8or:

You could always look at engaging a specialist debt collection company, Baycorp, East Coast Credit Control or similar. Given that you have an enforceable debt the process from there should be fairly straight forward.

I don't know if he is still on the forum but have a look through this thread

http://www.gpforums.co.nz/threads/382668-Debt-Collecting-for-Noobs

Some certainly dont agree with the tone of the thread, but if you take out the antagonistic aspects, debts certainly can be chased effectively.

A friend of mine knows Aaron well, Ill track him down for you if you want?

I'm going to follow the processes outlined for me by the courts, and then if I need additional services I'll let you know. Thanks.

ludez

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#1717781 9-Feb-2017 16:35

This wasn't a roofer was it?

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