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cityguru
cityguru, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 13329
Experience:  Senior Lawyer with 30 years experience
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HelloSeveral years ago I had a limited Company calledCustomer

Customer Question

Hello

Several years ago I had a limited Company calledCustomerUK which went into liqudation. One of the creditors recently launched an action against me personally as he states that his invoices were addressed as Peter Hargreaves t/aCustomer There is no such entity as this and his invoices were always paid through the accounts system ofCustomerUK. I have a hearing next with him claiming I should pay personally but my opinion is that he was paid for 6 months throughCustomerUK Ltd and therefore by default he accepted these payments so the contract was withCustomerUK. With the company in liqudation I was told by the Insolvency Company that this debt went with the liquadation process. Please advise as I have a court hearing next week. It ws my intention to show his invoices were paid viaCustomerUK in court and that his invoices were accepted byCustomerUK and not me personally
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cityguru replied 4 years ago.
Hi The best evidence is a contract or purchase order that shows it was the Company. Otherwise ask him to produce a copy of any document that ordered his goods or services in your name as an individual. Who paid him is not conclusive. it is who he contracted with that counts. presumably if only ever traded through a limited co all letters emails etc showed the limited co name
Customer: replied 4 years ago.


His invoices were addressed to Peter Hargreaves t/aCustomerhowever our accounts department just put them through the limited company. Clearly I am not going to have a contract with someone as Peter Hargreaves t/aCustomerwhilst we had a Limited Company calledCustomer Any email sent to him would have had been signed as Managing Director so should I take these to the court. The majority of his invoices were paid out of the limited company as well

 

Furthermore he has soliticors acting on his behalf. This claim is for less than £5000 so comes under a small claim court. His soliticors are charging me fees which actually exceed the amount owed. It is my understanding that a soliticor cannot charge a fee in a small claims case

Expert:  cityguru replied 4 years ago.
The costs in the small claim track are limited to fixed sums , you are correct. I expected that communication would have been in the corporate name. The key here is evidence . You need to show his contract was with the company and at the same time ask him for evidence to support his claim that his contract was with you as an individual. You should tell the court he is making it up to try and concoct a case against you because the company is insolvent but you must produce documents to back this up - for example emails in the company name etc.

A court will look at the written evidence in preference to anything else. Ask the other side for the evidence that this person contracted with you

you assigned a low value ot this question so I am not able to spend much more time answering you I am afraid.