company will not communicate with us

We have already issue one money claim online for £18k as the company will not communicate with us via telephone or email. We have an other for 3 payments due from this company exceeding £40k is the Money Claim online the best route to take?

Dear Daniel

Two imperatives spring to mind here:

i) Re-establishing contact; and
ii) Getting your money back

In my previous life as debt collector, we used to find that writing to all the directors' home addresses often elicited a helpful, if not always pleasant, response. This was because the spouse of the directors used to pressure the directors themselves to sorting the matter out if they opened our envelope. So this may help with the first issue.

Now to the main imperative which is getting your money back. The Moneyclaim Online service, although spawned from the Small Claims Court where the maximum limit was £10k, will be able to accommodate your larger amounts outstanding. However, in view of the size of the claims you should talk to a solicitor to see if there are any shortcuts to this process as it can take many months to receive judgement especially if the debtor starts throwing up spurious objections. At the same time, you should keep a weather eye on the end-game. For example, your immediate goal COULD be to get a County Court Judgement (CCJ) against your customer but do you know what you will do to enforce this judgement in order to receive the money you are owed? If not, I would also have a conversation with a firm of High Court Enforcement Officers (HCEOs). They have far greater powers than your standard bailiff. HCEOs could advise you the best course of action that you take now so that you have a speedier route to upgrading your Warrant of Execution on your CCJ up to a High Court Writ (a writ is needed before a HCEO can act whereupon an HCEO can take 'action'.

Good Luck and keep us posted on your progress.

Best Regards
John Hackwood
TermsandConditions.co.uk Ltd

Thanks John the other option that i have considered is Statutory demand through Gov.uk. do I have to wait until the orginal Money claim has gone through as payment that was due on the 27th Sept has not been paid. Companies like this need to have their credit rating down graded.

I always see the issuing of a Statutory Demand as 'the nuclear option'. They do have a role but use with great care and after taking legal advice. Stat Demands are easy to take out but costly to execute. And to what end? Bear in mind that it is always easier to get your money from a going concern than from a liquidated business.

Best Regards
John Hackwood
TermsandConditions.co.uk Ltd