How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Who to claim against? I have filed a claim against an individual.

Resolved Question:

Who to claim against? I have filed a claim against an individual. The claimant gave this individual a cheque for £8k made payable to the non-registered company that the defendant operated from his home address. He / this trading name company cashed the cheque and the monies were subsequently transferred by him to another newly registered limited company X. The claimant wrote the defendant another cheque for £5.5K which the defendant cashed and the where about of this money is unknown, it may or may not have been transferred to company X.
The whole question of the safekeeping and management of the £13.5K is under question and is the subject of the claim.
The defendant is saying that I have it wrong as my case is against company X and not him personally and so therefore my claim is meaningless. He is doing this as he thinks having done what he has with the formation and transfer of the original funds into it as limited company will protect him…. I think otherwise as the transactions were with him and so the claim is surly against him. Can you clarify?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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 You do not need to wait here as you will get an email when I reply.

Alex Watts :

If it was not a Limited, Plc or LLP then the individual is responsible.

Alex Watts :

The case is against him and not the company because it was used as his trading name

Alex Watts :

If he is not Ltd etc then he is personally liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Sort of thought and hoped that that was the case. Thank you

Ash and other Law Specialists are ready to help you