Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

# 208379 9-Feb-2017 12:54
Send private message

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.

 

 


View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3
6615 posts

Uber Geek
+1 received by user: 2293
Inactive user


  # 1717636 9-Feb-2017 12:58
Send private message

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.




20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

  # 1717637 9-Feb-2017 13:00
Send private message

Not sure if we can do this as individuals?


 
 
 
 


6615 posts

Uber Geek
+1 received by user: 2293
Inactive user


  # 1717641 9-Feb-2017 13:07
Send private message

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

Chief Trash Bandit
9498 posts

Uber Geek
+1 received by user: 1614

Mod Emeritus
Trusted
Lifetime subscriber

  # 1717682 9-Feb-2017 14:09
2 people support this post
Send private message

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 / DemiseNZ

 

Server : i3-3240 @ 3.40GHz  16GB RAM  Win 10 Pro    Workstation : i5-3570K @ 3.40GHz  16GB RAM  RX580 4GB Win 10 Pro    Console : Xbox One

 

https://www.xpd.co.nz - Games, geeks, and more.     Now on BigPipe 100/100 and 2Talk




20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

  # 1717684 9-Feb-2017 14:14
Send private message

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. 

 

 


5376 posts

Uber Geek
+1 received by user: 2201


  # 1717685 9-Feb-2017 14:16
Send private message

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



20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

  # 1717688 9-Feb-2017 14:19
Send private message

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. 


5376 posts

Uber Geek
+1 received by user: 2201


  # 1717689 9-Feb-2017 14:20
One person supports this post
Send private message

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

1756 posts

Uber Geek
+1 received by user: 363

Trusted

  # 1717702 9-Feb-2017 14:28
Send private message

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 ?





My thoughts are no longer my own and is probably representative of our media-controlled government




20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

  # 1717705 9-Feb-2017 14:31
Send private message

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

2223 posts

Uber Geek
+1 received by user: 684

Trusted
Subscriber

  # 1717712 9-Feb-2017 14:41
Send private message

Companies Office has some useful materials:

 

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


757 posts

Ultimate Geek
+1 received by user: 245


  # 1717740 9-Feb-2017 15:14
Send private message

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.


6615 posts

Uber Geek
+1 received by user: 2293
Inactive user


  # 1717778 9-Feb-2017 16:15
Send private message

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?




20031 posts

Uber Geek
+1 received by user: 6098

Trusted
Lifetime subscriber

  # 1717780 9-Feb-2017 16:27
Send private message

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. 

 

 


903 posts

Ultimate Geek
+1 received by user: 85
Inactive user


  # 1717781 9-Feb-2017 16:35
Send private message

This wasn't a roofer was it?

 1 | 2 | 3
View this topic in a long page with up to 500 replies per page Create new topic



Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

HPE to acquire supercomputing leader Cray
Posted 20-May-2019 11:07


Techweek starting around NZ today
Posted 20-May-2019 09:52


Porirua City Council first to adopt new council software solution Datascape
Posted 15-May-2019 12:00


New survey provides insight into schools' technology challenges and plans
Posted 15-May-2019 09:30


Apple Music now available on Alexa devices in Australia and New Zealand
Posted 15-May-2019 09:11


Make a stand against cyberbullying this Pink Shirt Day
Posted 14-May-2019 20:23


Samsung first TV manufacturer to launch the Apple TV App and Airplay 2
Posted 14-May-2019 20:11


Vodafone New Zealand sold
Posted 14-May-2019 07:25


Kordia boosts cloud performance with locally-hosted Microsoft Azure ExpressRoute
Posted 8-May-2019 10:25


Microsoft Azure ExpressRoute in New Zealand opens up faster, more secure internet for Kiwi businesses
Posted 8-May-2019 09:39


Vocus Communications to deliver Microsoft Azure Cloud Solutions through Azure ExpressRoute
Posted 8-May-2019 09:25


Independent NZ feature film #statusPending to premiere during WLG-X
Posted 6-May-2019 22:13


The ultimate dog photoshoot with Nokia 9 PureView #ForgottenDogsofInstagram
Posted 6-May-2019 09:41


Nokia 9 PureView available in New Zealand
Posted 6-May-2019 09:06


Motorola Solutions joins local partners to deliver advanced communications network in New Zealand
Posted 30-Apr-2019 21:50



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.