Trouble with creditor...

[Funnyface]

Hi

There are a lot of post on this but here is my view.

Write back to the landlord, remind him that this was a limited company and that no formal agreement was even signed. He clearly knew that it was limited by the fact it had a company name and I assume received payments from the limited company.

I would then go to say that even if the above doesn't apply any claim against you is fruitless as you have no assets so even if he did push it all the way to bankruptcy this wouldn't lead to a return to him and a lot of extra costs.

Kind regards

Gavin

Hi Gavin.

Thanks very much for reading through and giving your view.

I am going to reply to the last letter he sent stating that he never knew it was a Ltd company and state all the facts that i have gathered through advice on here and having a chance to think it through properly.

There are alot of reasons that prove that he knew it was a limited company and i hope that persuades the courts that i am in the right and avoid a ccj.

Because it is the courts that i will have to persuade as i know him, and he will take people to court, no matter what it costs him as he has alot of money to ‘have fun with’. Thats just him.
So in my opinion, mentioning the fact that even if he bankrupts me he wouldn’t gain anything... that would spur him on i would think. Just to ‘do me over’.

A quick question though... on his letters he writes ‘without prejudice’ on the top. Do i wrote the same thing on the top to avoid him using it in court? Or let him?

Thanks

 

[Newchodge]

I would definitely send your letter without prejudice. I would also get it checked, as you may, inadvertently make admissions.

Personally I would keep your letter brief. Just state that you have received his letter. That the limited company that the letter relates to was dissolved on x date. That you have no personal liability for any debts that the limited company may have had. That any further hand deliveered letted to your place of work will result in a complaint to the police for criminal harassment.

You will have the chance to make all your arguments if he issues a court claim. You believe, that whatever you say he will issue a court claim, so why waste your time?

 

[Mr D]

Hi Gavin.

Thanks very much for reading through and giving your view.

I am going to reply to the last letter he sent stating that he never knew it was a Ltd company and state all the facts that i have gathered through advice on here and having a chance to think it through properly.

There are alot of reasons that prove that he knew it was a limited company and i hope that persuades the courts that i am in the right and avoid a ccj.

Because it is the courts that i will have to persuade as i know him, and he will take people to court, no matter what it costs him as he has alot of money to ‘have fun with’. Thats just him.
So in my opinion, mentioning the fact that even if he bankrupts me he wouldn’t gain anything... that would spur him on i would think. Just to ‘do me over’.

A quick question though... on his letters he writes ‘without prejudice’ on the top. Do i wrote the same thing on the top to avoid him using it in court? Or let him?

Thanks

By the sound of it its not him you need to convince.

When a CCJ claim is started you get paperwork to complete. That appears the time to set out arguments rather than warn him what you are going to do so he can slant things.

 

[Funnyface]

By the sound of it its not him you need to convince.

When a CCJ claim is started you get paperwork to complete. That appears the time to set out arguments rather than warn him what you are going to do so he can slant things.

So would you say i should save my ‘evidence’ for the court paperwork rather than giving it to him and ultimately giving him time to come up with a counter argument? Much like what newchodge is saying above?
Just send a letter but keep it breif and say i believe i am not accountable, the limited company is?

Thanks

 

[Gavin Bates]

Hi

I would reply on a without prejudice basis. If he takes it to court then you can file your defence at that stage.

Regards

Gavin

 

[ManversMS]

Hi,
You said that the LTD company was closed down, was it solvent or insolvent ?

 

[Funnyface]

Hi,
You said that the LTD company was closed down, was it solvent or insolvent ?

Its in the process of shutting down. I am no longer a director. But the ither director still stands, until companies house strike it off soon.

Thanks

 

[Funnyface]

Hi

I would reply on a without prejudice basis. If he takes it to court then you can file your defence at that stage.

Regards

Gavin

Thanks gavin. I will do that.

Thanks for your help.

 

[ManversMS]

If the bill is in the company name, be it without the "LTD" I would direct him to contact details for the LTD company and inform him to send all future correspondence to it too.
Have you spoken with the other director that is still in place.

 

[Funnyface]

If the bill is in the company name, be it without the "LTD" I would direct him to contact details for the LTD company and inform him to send all future correspondence to it too.
Have you spoken with the other director that is still in place.

The trouble is the address that the LTD company is registered to is his building. So the post is only going to him. So he knows i wont see it. Thats why he is sending stuff to my home address because he believes I am the one owes the money.

 

[Engage Legal]

Generally, without prejudice correspondence is used when genuinely negotiating to resolve a dispute and the parties don't want that correspondence to be put before the court should the negotiations fail. It is not clear if his correspondence is made in a genuine attempt to resolve the matter, or rather an attempt to set out his position before a claim. As an abundance of caution it may be better to also mark your replies WP.

If he is going to sue you properly he should also make his case again in open (ie. "with prejudice") correspondence.


Engage Legal – we connect businesses with the right lawyers for free
*Note all posts are general in nature. If you want specific legal advice, get a lawyer*

 

[Funnyface]

An update...

I sent a final letter stating the company is a ltd company and he was very aware of it.
I have not heard anything and i assumed he had backed down.

BUT... i just randomly checked my credit score and it shows that he has filed a CCJ against me. He must have sent it to my old address so that i wouldn’t have a chance to reply?

Where the hell do i stand now?!

Thanks in advance.

 

[Mr D]

An update...

I sent a final letter stating the company is a ltd company and he was very aware of it.
I have not heard anything and i assumed he had backed down.

BUT... i just randomly checked my credit score and it shows that he has filed a CCJ against me. He must have sent it to my old address so that i wouldn’t have a chance to reply?

Where the hell do i stand now?!

Thanks in advance.

Did he have your new address?

Or was he using your company correspondence address?

 

[Funnyface]

Did he have your new address?

Or was he using your company correspondence address?

He does have my new address because he hand delivered the last letter to that address. He has obviously sent it to either my old address, or the company’s registered address (his building)

 

[Mr D]

He does have my new address because he hand delivered the last letter to that address. He has obviously sent it to either my old address, or the company’s registered address (his building)

So may have gone to the correct address.

https://www.informdirect.co.uk/company-records/registered-office-address-what-is-it/

It is assumed that any official notice sent to the company’s registered office address has been received by the company. Because of this, the company’s registered office address must be effective for delivering documents to the company and its directors. It’s the company’s responsibility to ensure they have access to documents received at this address.

https://www.smallfirmsservices.com/requirements-of-a-registered-office/
All UK limited companies are required to provide a registered office address. So what are the legal requirements of a registered office? Government offices such as Companies House, HMRC and UK tax authorities will send letters to this address. This will include reminders to file documents and any legal notices served on the company. Companies House display the registered office address of all UK companies on a public database which can be accessed online.

 

[Funnyface]

So may have gone to the correct address.


It is assumed that any official notice sent to the company’s registered office address has been received by the company. Because of this, the company’s registered office address must be effective for delivering documents to the company and its directors. It’s the company’s responsibility to ensure they have access to documents received at this address.

All UK limited companies are required to provide a registered office address. So what are the legal requirements of a registered office? Government offices such as Companies House, HMRC and UK tax authorities will send letters to this address. This will include reminders to file documents and any legal notices served on the company. Companies House display the registered office address of all UK companies on a public database which can be accessed online.

But if he is filing the CCJ against me personally, why would he be required to send it to the business address? He is ‘arguing’ that i owe the money, not the company. So surely he would have to send it to me?

I have read in some places that i only have 14 days to argue the CCJ, and if i fail to reply within the 14 days it basically gets put in place. Is this correct? As it has gone the 14 days now. So i still have time to get this set aside?

 

[Mr D]

But if he is filing the CCJ against me personally, why would he be required to send it to the business address? He is ‘arguing’ that i owe the money, not the company. So surely he would have to send it to me?

I have read in some places that i only have 14 days to argue the CCJ, and if i fail to reply within the 14 days it basically gets put in place. Is this correct? As it has gone the 14 days now. So i still have time to get this set aside?

Then he wouldn't need to use the company registered address.
Home address works for personal.

Its possible he did post it to you and royal mail simply haven't delivered it yet. I'm forever finding mail that's weeks or months old in mail sacks - including eviction notices.

 

[MOIC]

Get paid for legal advice!

If your circumstances do not allow that, go to your local CAB office.

Listening to different advice and suggestions on a forum, will point you in different directions and will confuse you.

Get professional advice.

 

[kulture]

Yes, definitely go to CAB and consider a solicitor. With their help you can get this set aside. Then you can properly defend it.

 

[Mark T Jones]

As above - get professional, specific advice

Also, contact the court in question and ask their view on set-aside on the basis you didn't receive correspondance