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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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we have supplied equipment and invoiced to: XXXXX XXXXX XXXXX at Company

Customer Question

we have supplied equipment and invoiced to: XXXXX XXXXX XXXXX at Company Address, he took over the business premises from another debtor!, I have been successful in getting a suspension on his pending proposal to strike off the company. There is nothing at the business premises address as we had it- but he has changed the company registered address to his home address, without notifying us, and our machinery, which has not been fully paid for is now sited at his home address (registered company address). Can I sue Mr Gill for the money personally, as all transactions were to a Mr XXXXXX, with the Limited Company name & address, or can I still only apply to the company for payment, and if his home address is the now registered company address- I suspect that any goods within the house are his personal property not the property of the company, so presumably there wont be any company assests, but we can still go an repossess the machinery?- is t
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Before the company was taken was the invoice made out to the old debtor or was it intended that it be in the name of the company? Were you supplying the equipment to the company or the individual?

Do you have any terms and conditions?

Kind regards

AJ
Customer: replied 3 years ago.


hi- the site here is not accepting my email because Ive used you before?


anyway- Mr Gill signed an agreement to say that I, Mr Gill of Enterprise Waste Management Ltd have agreed to undertake purchase of this machine by installments of £500+VAt monthly.


The old invoice was made out to a company name, the new ones to Mr Gill, Enterprise waste .....Ltd

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

That agreement would suggest that he purchase the equipment in his personal capacity.

How much money does he have left to pay?

Kind regards

AJ
Customer: replied 3 years ago.


not that much....£1195.97

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If the invoice was in Mr Gill's name instead of pursuing the new company and taking the equipment back you could simply start a county court claim against Mr Gill personally. For that sum of money the costs will be minimal. Also he has clearly sold the equipment on so there is no reason why he shouldnt pay it. https://www.moneyclaim.gov.uk/ - You can start a money claim here.

Can you tell me is there anything in the agreement that suggested he signed it as a director? No words like "For and on behalf ABC Limited"?

Kind regards

AJ
Customer: replied 3 years ago.

the agreement stated exactly I, Mr Aman Gill of Enterprise waste management ltd....address...... have agreed to purchase...(machine details)..already sited at my business address.....in installments of£.....


if payments have been made in full and on time, and no monies is owing for repairs, parts or consumables, or any other service then title shall transfer from Mardon recycling Ltd.


signed....


dated.. 12th October 2011


the payments were always late, we al;ways had the chase, and now he has not paid for some time

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

That seems pretty clear to me that he has purchased it in his person name.

Do you know his last known address? I would send him a letter saying you expect full payment in 7 days otherwise you will commence county court action.

Kind regards

AJ

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