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Help with form N316A

Help with form N316A

Postby ploder » Fri Jun 09, 2017 6:37 am

Hi, I'm trying to complete form N316A (application for questioning) against a company that has not made any payments following a CCJ made against them (I know the company doesn't have any assets to cover the sub-£5000 judgment and none of the other enforcement options seem relevant without further info).

Q. Where the officer is the Judgment Debtor's director would the relevant address be their personal residential address or the correspondence address at Companies House? (they have the same address for registered office and correspondence address) Also, if the former is there any free way to obtain a director's residential address? Thanks

https://www.moneyclaimsuk.co.uk/PDFForms/N316A.pdf
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Re: Help with form N316A

Postby atticus » Fri Jun 09, 2017 8:16 am

If you have no other address, then you have your answer.

You might hire an investigator. You may get some useful information for about£100 or so.

What are you hoping that questioning might achieve?
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Re: Help with form N316A

Postby ploder » Fri Jun 09, 2017 11:06 am

atticus wrote:If you have no other address, then you have your answer.

But is this the correct address? I wouldn't want the form to be invalid because of a technicality.

atticus wrote:What are you hoping that questioning might achieve?

This is more or less a last ditch attempt to glean some more info as it doesn't look like any enforcement action will be effective and the director (this is more or less a one man show) is continuing to solicit workers which, in all likelihood, he is not going to pay.I am hoping that we can get some further information on any bills that are owed to the company. If there are any substantial amounts owed then there is the possibility of a third party debt order. My understanding of this order is that it is a one-off chance to grab what is owed to this company at the moment in time the order is granted. We would therefore need to know if there was anything owing before making the order and being left empty handed.

Any advice on how to recover just under £5000 for an unpaid freelancer's wages after a CCJ was ordered against this company would be greatly appreciated.

- The company's status is still 'active' at Companies House.
- The company doesn't appear to own anything at the premises. No signs of activity as far as we can see (although we have only visited it a few times since the order).
- The company admitted liability and agreed to pay by instalments but haven't made a single payment (the director stated that the company account had less than £700 in the response to the order).
- The premises were leased and he has simply walked away and has resumed business activity (although perhaps not using the company the CCJ was ordered against). We know he is soliciting new workers and have found a previous worker who was also owed money but managed to secure some payment.
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Re: Help with form N316A

Postby atticus » Fri Jun 09, 2017 11:18 am

have you checked out the director details on the companies house web site? Is he a director of any other companies? Do any of them show another address?

Have you loked at details for other company directors of the same name?

Have you looked in the phone book? Googled the name? Facebook, LinkedIn etc?
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Re: Help with form N316A

Postby ploder » Fri Jun 09, 2017 12:28 pm

atticus wrote:have you checked out the director details on the companies house web site? Is he a director of any other companies? Do any of them show another address? Have you loked at details for other company directors of the same name?

Yes, it gives the same address as the registered company address, that's why I wasn't sure whether it was the correct address to use for N316A.
No, he only has 1 appointment according to Companies House.

atticus wrote:Have you looked in the phone book? Googled the name? Facebook, LinkedIn etc?

Yes to all.

Just to clarify: are you saying the correspondence address at companies house is the correct address to use on form N316A? Can anyone else confirm? This is the crux of my question since the director is an acquaintance and we know some of his friends and his residential address will eventually be found.
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Re: Help with form N316A

Postby atticus » Fri Jun 09, 2017 12:42 pm

It is the only address you can give, unless you find another.

Isn't the real point that you want to know that he will have received the order to attend for questioning? If you want to give him an easy get-out that he never received it, then that is your look out.
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Re: Help with form N316A

Postby ploder » Fri Jun 09, 2017 1:12 pm

Correct. So you mean that it is best to use his residential address? I don't mind which address I use as long as he doesn't manage to get it thrown out based on a technicality. I just need to be sure then I'll/we'll begin going through contacts.

*Thanks for your help
Last edited by ploder on Fri Jun 09, 2017 1:15 pm, edited 1 time in total.
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Re: Help with form N316A

Postby atticus » Fri Jun 09, 2017 1:15 pm

Yes.
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