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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
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Hi there I am registered as a director of a company that no

Customer Question

Hi there
I am registered as a director of a company that no longer is trading meaning basically the company is (bankrupt) and we have vacated the premises. One of the creditors have got a high court order against me personally and the company which is a ltd company.
I never received the court order as we had left the company address before the order was issued.
The bailiffs are now chasing n=me on my private address and my new company address and other addressed that have been in contact with me. I don’t have a job at the moment and can’t afford any payments but have suggested to pay £20 pr month the total amount is £8000.00
What can I do to stop this?

Many thanks,

Peter
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Is this a creditor of the company? Did you personally guarantee any of the Company's debts?

Do you have a copy of the order? Does it say "Summary Judgment"?

Kind regards

AJ
Customer: replied 3 years ago.

Yes this is a creditor of the company.No I did not personally guarantee any thing!


 

Customer: replied 3 years ago.

And we are actually two directors of the company but they are only chasing me.

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

Thank you.

Can you tell me a bit about how this creditor arose? Did they invoice the company for services? If so was there invoice addressed to the company?

If you did not personally guarantee the company;s debts in writing then you cannot be held liable for them, this is called the Statute of Frauds.

What has most likely happened here is that you have wrongly been subjected to a Default Judgment. What you will need to do is apply to court to have the Default Judgment set aside and they claimants claim struck out on the basis that the debt is not in your name. You will be able to reclaim the costs of doing this. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 This is the procedure for having the claim struck out and the county court will provide you with the forms.

In the mean time you must not answer your door or allow the bailiffs in. Tell the bailiffs that you believe the claimant has deliberately abused the court process to be paid. You are not liable for this debt and if they continue to chase you, you will deem it Harassment under S.40 of the Administration of Justice Act 1970 and go to the Police, as unlawful harassment of someone for money is a criminal offence.

Can you confirm in the mean time that this in fact a default Judgment? Does it say default Judgment?

Kind regards

AJ
Customer: replied 3 years ago.

Thank you Alex I have a copy of the paper work that the bailiffs left at the premises belonging to a gallery where they hold some of my personal work. Can I sen you an attachment so you can see it?

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

Thank you.

If you can send it to experts@justanswer.co.uk for my attention.

I will let you know once I have received it.

Kind regards

AJ
Customer: replied 3 years ago.

Hi Alex


 


I have send the attachments trough to you. Can I ask you to deal to have the Default Judgment set aside and they claimants claim struck out on the basis that the debt is not in your name?


And if how much will this cost me?


 


Many thanks,


 


Peter

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

Thank you.

I am afraid I cannot do that for you as it is against the rules of the site.

Any local solicitor with expertise in litigation will be able to help and may agree to do on a condition fee arrangement as you will probably get the costs back if you win. It should cost no more than £500 plus VAT and court fees. If you cant find a solicitor contact the Law Society at www.lawsociety.org.uk and they will recommend someone.

I will let you know once your email is received.

Kind regards

AJ
Customer: replied 3 years ago.

Hi Alex


 


Did you receive the files I send you?


 


Many thanks,


 


Peter

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

Thank you.

It has not made its way to me yet. I will chase customer support.

Kind regards

AJ

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