My son was asked to provide entertainment at a nightclub venue organised
by an individual who hired the venue for the night. At then end of the
night he was unable to pay for the act provided by my son [fire
breathing by my son and a free style dancer supplied by my son] My son
paid the dancer and was informed he would get his money by the following
Friday. Despite numerous attempts to secure the debt it has failed to be
paid and there is always an excuse - bank cock up, wife in labour for 6
days and others ] My son has written to the individual giving a deadline
by which he requires payment to be made. This has past and gone. The
person acknowledges receipt of the letter which was sent by recorded
delivery.

My son has now got the papers re starting a civil action to recover the
unpaid debt [under £200]

The question is should the papers be served on the individual, [who was
acting as a entrepreneur] or, as he called the event XXXXX and using a
name for the event should we include trading as XXXXX. He has since sold
the name to another company who now organise similar themed evenings
using this name for the events but he has no further involvement in that
business.

Could he argue that selling the name also passed on any outstanding
debts to the people who bought the name. Some 2 months passing between
the debt being incurred and the name being sold


Apologies in advance if this does not read right but pain levels high
and have had to double up on medication which does make me ramble a bit.

Advice on what to put on the form would be greatly appreciated

In message , Anthony R. Gold
writes
On Sat, 18 Jun 2005 12:05:02 +0100, Nobody wrote:

The question is should the papers be served on the individual, [who was
acting as a entrepreneur] or, as he called the event XXXXX and using a
name for the event should we include trading as XXXXX.

Including that would do no harm.

He has since sold
the name to another company who now organise similar themed evenings
using this name for the events but he has no further involvement in that
business.

Could he argue that selling the name also passed on any outstanding
debts to the people who bought the name.

No - if the business was not incorporated it is not a legal person but
just a trademark and it is not capable of being indebted. The debt to
your son can not be assigned without your son's consent.

Apologies in advance if this does not read right but pain levels high
and have had to double up on medication which does make me ramble a bit.

Advice on what to put on the form would be greatly appreciated

Your son has the right to pursue this in court, but remember that a
judgment is not spending money. Apparently the debtor does not dispute
the debt, so any judgment which merely reconfirms its validity doesn't
advance the matter very far if at all.


It advances it to the point where the plaintiff can use the force of the
law to recover the monies due, plus costs. Attachment of earnings,
garnishee??? Bailiffs etc..

All of these things cost money, which can be recovered from the
defendant unless, of course, he is a man of straw.
--
Richard Faulkner

Richard Faulkner wrote:
In message , Anthony R. Gol=
d
writes
=20
On Sat, 18 Jun 2005 12:05:02 +0100, Nobody wrote:

The question is should the papers be served on the individual, [who w=
as
acting as a entrepreneur] or, as he called the event XXXXX and using =
a
name for the event should we include trading as XXXXX.


Including that would do no harm.

He has since sold
the name to another company who now organise similar themed evenings
using this name for the events but he has no further involvement in t=
hat
business.

Could he argue that selling the name also passed on any outstanding
debts to the people who bought the name.


No - if the business was not incorporated it is not a legal person but
just a trademark and it is not capable of being indebted. The debt to
your son can not be assigned without your son's consent.

Apologies in advance if this does not read right but pain levels high
and have had to double up on medication which does make me ramble a b=
it.

Advice on what to put on the form would be greatly appreciated


Your son has the right to pursue this in court, but remember that a
judgment is not spending money. Apparently the debtor does not disput=
e
the debt, so any judgment which merely reconfirms its validity doesn't
advance the matter very far if at all.

=20
It advances it to the point where the plaintiff can use the force of th=
e
law to recover the monies due, plus costs. Attachment of earnings,
garnishee??? Bailiffs etc..
=20
All of these things cost money, which can be recovered from the
defendant unless, of course, he is a man of straw.

Many thanx for the advice.

Although the debtor tries to give the impression he is without funds, he=20
regularly acts as DJ at nightclub events as Guest DJ and sometimes is=20
paid a couple of =A3K per evening. He also has other assets, 2 cars, hi=
s=20
collection of white label discs, - it has now reached the point where=20
my son is determined to see this through as he cannot afford to be seen=20
as a soft touch within this entertainment community. Even if it just=20
leaves the bloke with a CCJ to make life awkward

My son made an attempt to recover the debt by traveling to a venue some=20
200 [round trip] the debtor was being =A32K that night and more or less=20
just laughed it off.

My son is just one of a number of persons this bloke didn't pay that=20
night as he 'didn't get the numbers through the doors to pay his costs'=20
They are waiting to 'see' what happens before they pursue the bloke for=20
their wages.

"Nobody" wrote in message
...

My son is just one of a number of persons this bloke didn't pay that
night as he 'didn't get the numbers through the doors to pay his costs'
They are waiting to 'see' what happens before they pursue the bloke for
their wages.

-------------------------------------------------------------------------------------

Does anybody know:-

1. What is the minimum amount to issue a statutory demand - preliminary step
to making the guy bankrupt - is it 750 Pounds?

2. Can a number of creditors put their claims together for this purpose, so
that even if individually they are owed less than 750, together they exceed
the limit?