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 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.
Have you signed a personal guarantee at all please?
Was the County Court Judgment in your name or the Company please?
No to the personal guarantee - or at least I don't think I did. I have all the documentation that I signed at the time
ccj is in the company name
can I send a PDF?
In that case you do not need to worry
If there is no personal guarantee and the CCJ is not in your name, there is simply nothing they can do
You are not liable for this debt in any way
As such they can NOT take any steps to enforce it against you personally.
I would not even be willing to pay anything back, because if you do, they could argue that you are liable.
Therefore the debt belongs to the Limited company and can only belong to the Limited company.
You have no legal obligation whatsoever to pay it
Can I clarify anything for you about this today please?
I would like to keep my company going as it has been for 16 years and has a few assets (not much) but phone and e-mail addresses that it would be difficult to change as well as software I have written that is owned by the company so could not take with me as I would start up again.
Ok - you could arrange a repayment plan but make sure you do not pay this personally.
Even if you put money into the company and then the company pays
In that case the court has ordered a payment of £4300ish - would I be better going back to the debt collection and saying that I will pay this ... or go insolvent (aprox cost £3k) - if you were on their side would this be the best option?
In any event you can ask the Court for a monthly installment order.
of course this would be the company
No, you can apply to the Court and apply for monthly payments.
Do not deal with the debt collection company at all
Can I clarify anything?
If I go through the court then I will be having to appear in April for the hearing about the further amount, if I go through the agency then I will hopefully get them to close the case ... or can the court do both?
No - a Judge can decide on the papers, you dont have to attend Court again
problem is if I don't get them to close the case I may end up owing £10k .... if that's the case then its not worth me paying the original £4.3k as I would not have the larger sum
Ok - then it may be a commercial decision for you to make.
I can only tell you what you can do legally.
ok, thank you - you have been very helpful. I think I will offer them a final payment of £5k in instalments, if they decide to refuse then they will get nothing.
Ok -good luck with this
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