you. Let me tell you now that all correspondence, invoices etc, including
emails, should have the name of the limited company on, the registered address
and the company number.
don't do that, you are indeed in breach of the Act.
will probably happen in that respect but it is something that you need to be
aware of and you do need to remedy. You can thank the solicitor for bringing it
to your attention and confirm that it has now been remedied. You cannot change
any of the existing correspondence.
indeed be deemed to be the contracting party or not would really come down to
the amount of evidence in the exchanges between you as to whether they
genuinely believe that they will contracting with you or whether they will
contracting with a limited company. That would be one for the judge to decide
based upon the evidence in front of him.
amount they are claiming is under £10,000 and therefore it will be small claims
court and they will not get their legal costs back even if they win unless
there is something in their contract you will documentation which allows them
to do so. In that respect, you need to study their paperwork in detail to make
sure that if it does go to court, and you lose, they do not recover their costs.
If there is no mention of them recovering the costs of enforcing any agreement
between you, they do not get their solicitor's costs back even if they win. If
they went to court on this, they would almost certainly win because you admit
owing the money.
only issue is over whether you personally owes the money or it is the limited
company which owns the money.
assuming you admit that the limited company owes money, would be that the judge
to decide whether you are personally liable.
is another potential issue which the solicitor has not covered which I must
advise you about and that is that if the claimant claims that the limited
company is actually your alter ego, i.e., you, hiding behind the front of a
limited company in order to avoid creditors, then the claimant can "sue behind
the corporate veil" and sue you personally even though the contract
documentation was indeed with the limited company.
a technical issue and not one that would normally be considered for a small
claim matter and I mention it for completeness. There would need to be an
application by the claimant to the court for the court to consider whether you
were the correct claimant or not. The situation in this latter case is slightly
different than what the solicitor is claiming because the solicitor is claiming
that it was not the limited company that contract it.
can happen is that even though it is the limited company that contracts, the
individual director/shareholder can still be liable if he was seen, by the
court, to be simply hiding behind the limited. I think it unlikely that would
succeed on these facts and as I said, I mention it for completeness.
this stage, all you can do is send copies of the correspondence with the fact
that it is a limited company and copies of their correspondence to the limited
company and deny any personal liability and tell them that if they feel
differently, they should issue proceedings which will be defended.
that answer the question? Can I help further? Can I answer any specific points?
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