MCS & Debts

[solarsavings]

We are owed a very large sum of money by an MCS registered company that we are about to take to court as they repeatedly fail to make promised payment of monies owed.

If they have a debt registered against them are they able to continue to trade under the REAL/MCS rules.

 

[BruceB]

If you win a case against them and they then pay up within one month, then there would be no county court judgement registered against them so the question is unlikely to arise. The first thing to do is get the judgement against them. That is the easy part relatively. The more difficult bit is then getting payment, but first things first. Depending on the amount involved, moneyclaim online works well.

Regards
Bruce

 

[solarsavings]

Thanks Bruce.
They must read this forum:30: they've just phoned me to say they have transferred two thirds of what they owe into our account.

 

[pjcomp]

We are owed a very large sum of money by an MCS registered company that we are about to take to court as they repeatedly fail to make promised payment of monies owed.

If they have a debt registered against them are they able to continue to trade under the REAL/MCS rules.

Glad they appear to be paying up. But on more general lines, the basic Common Law idea of innocent until proved guilty applies. Looked at objectively from the outside, you say they owe you money but they can claim otherwise, or mitigating circumstances. MCS and REA aren't in a position to adjudicate, that's for the courts. If MCS took your side and banned them, then they won the court case, they could sue MCS for unjustified restraint of trade (among other things).

PJ