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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Liability for goods delivered to address under my name

Resolved Question:

A colleague based in another country asked me to pay for goods and receive them in UK then he would collect them from UK ,unfortunately on the suppliers system they included my name as a contact .A chinese supplier sent packages to my adress under the company name registered in another country and included my name.
the shipping company dhl levied some extra charges for vat which when not paid for ,applied to the court and claim was against 'me trading as the above company' referred to me as my name t/a the company.
I changed my name via deed poll last year,for other reasons
The ccj was delivered to me under the old name by default as they failed to serve papers.
Where do I stand legally and how can I proceed
I do not trade and have never referred to myself as trading as any company.The company in another country disputes the charges as they maintain they paid for all shipment costs
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know have you applied to set it aside yet?

Customer: No the name in the judgement is my previous name changed via deed poll last year
Customer: I use a new name and as the defendant I was referred to as my previous name t/a Stewardes Enterprises which is not true as I have never communicated with DHL ever and never entered any contractual or financial transaction relating to this case.
AlexWatts2013 :

When you say they failed to serve papers, it would have been the Court. What is your defence?

AlexWatts2013 :

I assume it is because it is in the Company name and not yours? You are only the agent?

Customer: My defence is only facilitated the payment and delivery of the goods to my adress and cannot be held liable based on an invoice prepared by a supplier in China.
Customer: I never represented to DHL I trade in that name neither did I have any communication with them.
Customer: Other companies like UPS never levied these extra charges after shipment
AlexWatts2013 :

What you can do is use form N244 to apply to set Judgment aside. This can be found at: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf and you would need to submit this to your local county court together with a fee of £80 unless you are entitled to fee remission. The Court will list the matter for hearing and you should say why you are not personally liable. If the Court believes you then Judgment will be set side. But the test is: Do you have a realistic prospect of successfully defending the claim. If the answer is yes and you can show some defence then the Judge will set it aside.

Customer: In your experience would I be liable for having facilitated a payment and delivery on behalf of a company which is not registerd in the UK this can be easily verified via company house
Customer: I.e company is not registered in the UK
AlexWatts2013 :

Generally no - but where the goods are imported, someone is liable for the duty and VAT

Customer: No duty was levied on goods when they were delivered value about $100 per transaction ,company argued all relevant shipment costs were paid.
Customer: In my view the case involves the supplier,shopper and the recipient company?
AlexWatts2013 :

The problem is, VAT is chargeable and unless the Waybill form has the box ticked as shipper responsible the person receiving can be.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

Customer: Ok if DHL listed me as a defendant t/a Stewardes Enterprises which is not accurate can the case still proceed or O can dispute ever representing to trade as such let alone trade.
Customer: I want advice on how I can come out of this scenario I.e it's a misrepresentation
Customer: Is the judgement legally enforceable in this case considering I have a new name
Ash and other Law Specialists are ready to help you