I company owes me in the region of 2,000 and i am trying to chase this, i
am unsure to which path to go down have spoken to set a solicitor they
have
told me that perhaps I can pass it through this small claims court for
breach of contract as he has also passed on the material to a third party
and broken and payment terms agreed , the recovery agency has told me that
I
should persue the limited company for insolvency as I have issued an
invoice
to the company and have the appropriate agreement acknowledging that they
required to work to be carried out. can anybody give me any background on
this. I have already issued a statuatry demand (form 6.1) to the company.
their recovery agency tells me that he will have no option but to pay the
amount owed or file for bankruptcy. I know that the company has sufficient
funds to pay the amount in full and is refusing, it is also refusing to
discuss this and come to an amicable agreement.
You may notice an earlier thread I started with a similar problem. In my
case it would be difficult for the company to dispute the amount owed.
However in your case if there is any chance of the amount being disputed
then don't go down the winding-up petition route. Start with the small
claims track at the County Court and if you get a judgement in your favour
then go for the winding up.