Hello, welcome to the website. My name isXXXXX can assist you with this.
What would you like to know about this please?
I filed a money claim against a company and its director and got judgement in default in December. Now the director's solicitor have written to me to say he was not aware of the decision and i should agree to have the judgement set aside or they they will seek to reverse the decision and claim damages from me. what should I do?
Is this the judgment against the company or the director, or both? And, how did you serve both (a) the company and (b) the director?
also service on the the Director was to the office address and the lawyer is claiming that it was not his personal address so the claim form was not validly served. also, at the time of filing the case the Director was apparently in the process resigning. I filed the action on the 27th nov, he resigned 14 Nov but did not notify companies house untill 28 Nov.
judgement against both
If you served the director by leaving documents at the company address, then he would be right, this isn't proper service.
You need to post to, or leave at, the director's personal residential address.
so do i agree to set aside the judgement with respect to the director with his lawyers? or leave it to the court to determine?
Probably best to agree to set it aside - that way, you avoid the potential for a costs order against you.
The company, however, can be properly served at the company address.
what if I can prove that the director was aware of the legal proceedings
It doesn't matter - service is still invalid and proceedings have to be served to be formally commenced.
If you had handed the papers to him - that would be effective service, i.e. personal service.
how can i re-serve him as the matter against the company is with the enforcement people
As this is a money claim, can I sue the director personally? i understand a company is a limited person in law and the directors are seperate from the company however as he is the one i was dealing with, what are my changes of success?
You send the claim form and particulars of claim to him at his home address by post, or hand deliver them to him.
That is serving him.
You can agree with his solicitors to set aside the judgment against him. They will, rather gladly, guide you through that process.
will the doctrine of pierciing the veil apply?
You have to follow the court rules properly, and whilst I get your point about service, it's not going to work unless you serve in accordance with the rules.
Piercing the veil isn't an issue that's relevant to service of court proceedings.
If you had a contract with the company, then you must sue the company. Normally, you cannot get to the directors personally.
Reason being the directors tried to stike off the company but this has now been withdrawn? he is also no longer a direcotr of the company
Thats not a reason to pierce a corporate veil anyway. Only really things like fraud would work on doing that.
Here is an interesting article on the veil issue: http://www.dwf.co.uk/news/legal-updates/piercing-the-corporate-veil
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Is there anything more you would like me to answer?
yes, thanks you so much