Hi all,
We have a joint judgement against a builder and his ltd company (company A). He took the money, disappeared, due his commitment with the Army as he claimed and never got back.
He did not defend the claim, and has since tried to enter into IVA, as he acquired a large amount of debt in the course of last year. It seems he hasn't been paying any of the suppliers or providers of services. He says in his IVA proposal that he is planning to close his ltd company and now working a a sole trader.
We know that he has since registered another company (company B) on his father's name and we believe that he bought expensive machinery (i.e. digger and dumper).
We rejected his IVA proposal, as the information provided was incorrect and it did not seem to guarantee any future payments.
We would like to get a court order for questioning, but think that he will just come up with his current bank statements showing 0 balances. He doesn't have anything registered on his name either.
Can we ask the court to demand historic statements from his accounts to see where the money that we paid disappeared, so we can possibly connect it to the newly established company?
Can we ask to see registration details of the other vehicles in the household and see what name they are registered in? And also ask for prove of purchase by other family members?
Also, if he claimed to be away with the Army, can we ask for proof of termination of employment?
What we would like to see really, is not so much his current state of affairs, but what was going on for the last year when he acquired these large debts, i.e. we particularly wanted to see how he spent the money that we paid him and also try establish if there are any newly acquired assets in his father or other family member and how they paid for it.
I have prepared a list of questions. Would it be OK to post them here for advice?
Also, I have come across a thread on some forum, where they say that the debtor still showed up in court without any documents and the court has accepted his words. Is this really possible?
Can the court refuse you to attend the questioning if you ask for it?
Can I record the questioning session? We have reported this for fraud investigation, but it is taking ages and nobody seems to be doing anything with it.
Many thanks for your help