Individual debtor or non limited company....How can I prove solvency?

Hi all,

Thank you in advance for reading this post. I am looking for some help regarding a debtor.

The invoices date back two years to when the debtor was involved in a non limited compay which is no longer trading, the debtor has admitted liability for the invoices but states they are not in a financial position to pay.

I have reason to beleive he is now trading as a new non limited company (which he has denied) - but don't know how to prove this? The debtor is named on credit application forms and is a signatory for the company cheque book but denies owning the company, they state they are just an emnployee on the payroll.

I have received an income and expenditure form which states he is on a monthly wage and has offered copy pay slips - am I allowed to ask for these?

The main issue is, I think the new company is his and if so he is definately able to repay the debt ( even if in installments)so am looking for help on how to find this out. I have tried the obvious searches on the internet & companies house, but these have not thrown anything up regarding him or the new company!

Any advice / help in the direction would be greatly appreciated.

THanks again

1st off if he is trading as a non limited company then he is personally liable.

I would suggest using Moneyclaim online (check my posting history how to do this). Once you have judgement through moneyclaim you can appoint bailiffs who will determine if he can afford or not.

As for being an employee - well directors are - shareholders can be etc.

I always suggest double checking you contract - who your client is etc. if in doubt try a joint and several claim.

If he has no money but a house why not put a charging order on it - at least he will not be able to sell it before he pays you (may need a solicitor to help on that one).