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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Hi a claim has been made against me in the court. The claim

Customer Question

Hi

a claim has been made against me in the court. The claim should have been made against the ltd company but has been lodged against me. In my defence I have stated the facts that I was a director of the company. The correspondence from the court was sent to the old address for the completion of the allocation questionnaire. I ran the court and explained it had gone to the wrong address and I was allowed to file a few days late.

I have now received a judgement to pay, as my defence has been struck out? What can I do?

This is a company debt and not an individual debt against me personally?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

You will need to apply to set the judgment aside, arguing that you have a good defence to the claim, and that the claim form was improperly served against you at the wrong address.

JACUSTOMER-wl80cnbn- :

What forms do I need and how do I do this?

Max Lowry :

You can do this using Form N244: http://www.justice.gov.uk/courts/procedure-rules/civil/forms

Max Lowry :

There is a guide on how to complete it too, here: http://www.bdl.org.uk/images/12_EW_NDL_Setting%20aside%20a%20judgment%20in%20the%20county%20court.pdf

JACUSTOMER-wl80cnbn- :

Sorry I was just downloading the forms

JACUSTOMER-wl80cnbn- :

In essence the claim has been made against me as an ex director as the company ceased trading in December 2012

JACUSTOMER-wl80cnbn- :

I was the contact for the supplier but on behalf of the company which was ltd

JACUSTOMER-wl80cnbn- :

how do I get this action thrown out?

Max Lowry :

YOu need to explain this to the court - if it's the wrong party (which it sounds like) the application should succeed and the claim will fail against you. You are, of course, a different legal thing to the company - he might see it as the same thing, but legally, you're not the same thing!

JACUSTOMER-wl80cnbn- :

How is it best to word in my defence. It is definitely the wrong party..

Max Lowry :

Just set out the background as to whom you say the contract was with, and why it's not you. It's that simple really - there is no magic form of words. Just say it's the wrong defendant and you can't answer on behalf of the company which is now in liquidation (if that's the case).

JACUSTOMER-wl80cnbn- :

Ok. Is this also what I should place in the set aside application..

Max Lowry :

Yes. It's a bit of a pain doing it twice, but that's really what you do. Is this in the small claims, less than £10k?

JACUSTOMER-wl80cnbn- :

It is the smalls claim but the figure is £10,785

JACUSTOMER-wl80cnbn- :

I seem to remember it was agreed on the fast track

Max Lowry :

Okay - always best to get lawyers to help with the actual defence if it's not on small claims.

JACUSTOMER-wl80cnbn- :

From glancing the form I see there is an £80 fee for the N244. Is that correct?

Max Lowry :

Only because it's more technical - the small claims system is much more informal.

Max Lowry :

You should look to do the set aside on your own - like we've discussed, then get a lawyer on board to file the defence after that (the Court should give you a further 14 days or so to file the defence).

JACUSTOMER-wl80cnbn- :

I understand it to be small claims as the initial sum is below £10k it is only fees that take it over

JACUSTOMER-wl80cnbn- :

Shall I deliver the form to the court or place on recorded delivery?

Max Lowry :

What if it is a small claims matter, then it is pretty informal.

You would not need to use a solicitor if it is in the small claims system.

JACUSTOMER-wl80cnbn- :

The court is only 15miles away

Max Lowry :

Always best to know it gets there, so deliver or recorded delivery etc would be fine.

JACUSTOMER-wl80cnbn- :

Ok I will complete the form today and send with payment. I will also request

the court to stop any enforcement of the judgment until after the hearing takes place to set the judgment aside.

JACUSTOMER-wl80cnbn- :

Is there anything else that would help my case?

Max Lowry :

It will stop enforcement automatically when you file your application, but again, it's no harm to ask for this in the application.

Max Lowry :

Not that I'm aware of!

JACUSTOMER-wl80cnbn- :

ok time to fill out the form. Thank you.

Max Lowry :

Thanks - good luck with this!

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.

Please do remember to rate my answer as highly as you can for me. Thank you.

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

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