Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is the lease in your name or the Company name please?
Do you still have the letter saying invoices in your name but you would not be personally liable please?
apologies for the delay in responding i did`nt realise that you had replied within the payment confirmation email!
I will get the hang of this in a minute!
We never signed a lease.We received quarterly rental invoices addressed to the limited company. I have the letter I sent proposing that future invoices could be put in my name but I received no specific response. When the next quarterly invoice was received my name was put on the invoice followed by the company name. To be honest I did`nt notice this change until legal action was taken against me. All previous invoices were addressed to the limited company with no mention of my name.My argument was that all invoices continued to be addressed to the limited company albeit with my name also added.
Yes I attended the hearing
My argument was that I did`nt receive a direct response to my letter and then I think 2 months later the next invoice was sent which showed my name added.The judge said that by adding my name to the invoice the landlord was accepting my proposal.I argued that the invoices thereafter should therefore had just named me and not the limited company.
Yes I attended the court hearing where judgement was awarded against me
Ok - was it a District Judge?
Did he give reasons for his decision?
Yes a District Judge. He referred to the letter I had sent proposing that the invoices be raised in my name ( ie I become liable) and that it was sufficient that the landlord added my name to the invoices (along with the company name though which is my issue) which further reference.
Did you seek permission to appeal?
How much was Judgment for?
Do I have grounds to set the judgement aside?
You can't set aside. You can only set aside if there was not a hearing
What you would have to do is appeal.
However this was a small claim
You first need to seek leave to appeal which can only be done on limited grounds
1) the judge erred in law
2) the judge erred in procedure
3) the decision made was one which was so unreasonable, no judge could have made it
I guess I am looking at 1) above??
You need to complete an Appellants notice
Then it goes before a Circuit who decides whether to grant perrmission
If the CJ refuses then you can ask for an oral hearing for permission
Even once you have permission you will have to attend a hearing so the Judge can decide whether the first Judge was wrong
If the permission is refused at an oral hearing you need to seek leave from the Court of Appeal.
But if you attend an appeal and lose then you would be liable for all legal costs of the other side
If there is an appeal hearing and you lose, expect the costs to be around £2500
This is something you need to be warned of.
However if you accepted invoices in your personal name and these invoices were paid then sadly I am of the view that the Judge did not necessarily err in law.
The real risk is the costs implications because it goes from being a small claim
Is there a time limi,t payment is due next Tuesday and do have grounds in your opinion
You have 21 days to apply for permission.
I think your grounds are weak.
You could seek for permission on the paper and if refused you could leave it there and then
But even seeking leave for permission the cost is around £100 or so
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
As I mentioned previously had the invoices been raised in my name that would be fine.but just adding my name just before the company name seemed that nothing had changed. I did`nt realise until the court process that the invoices prior to my letter were addressed to the company and no mention of me
Yes I understand.
I just fear that if you appeal and lose it will cost you more than the £1600
But I would seek leave to appeal and if it is refused at least you know where you stand.
Yes I am just surprised that by adding my name followed by the company name on invoices makes me liable for payment.Had the invoices stated my name only and not the company name I would have no problem.I did`nt realise until proceedings had commenced that I was not mentioned by name on their earlier invoices. I receive invoices on a regular basis (eg BT) that are first addressed to me then the company but that does not make me personally liable!!
Yes. Sadly if you had done something initially then you could have done something.
But on the basis you did not - sadly another Judge may take the same view
Can I clarify anything for you?
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