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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a claim against a company that i was director of that

Customer Question

i have a claim against a company that i was director of that has been issued in the high court against the company but also in duplication to me personally. The company is named as defendant (1) and i personally am named as defendant (2)
Given all the dealings were with the limited company ( including contracts etc) I am advised i need to make an application to the court to have myself removed as defendant.
Whilst i believe the claim to be correct against the company and that as i director i have a case to answer the claim against me personally seems wholly in appropriate and incorrect
I am trying to understand the exact application i need to make to the court
1) Set aside of order against me?
2) Removal of me as a defendant?
Thanks Marc
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Were you acting in the course of business at the time?

Alex Watts :

What stage are proceedings please?

Customer:

yes i was a director

Customer:

yes I was director.

Customer:

i have complied with a court order requesting information which i did in duplicate as it was sent to myself and the company, i have now recieved the particulars of claim again in duplicate, i also now have statutory demand for £19,000 ( costs for the day in court granting the order) issued against me but not the company ( strange) I am planning to make an application to the court to set aside the claim, and then a set aside for the statutory demand.

Alex Watts :

Ok - on what basis are you being brought personally into proceedings?

Customer:

no idea there were other directors? i was the MD seems wholly inappropriate it was ltd company, but i was not at the hearing for order which granted costs (£19,000) I did agree ahead the hearing to comply with the order but that was in my role as MD and was emailed from my work account

Customer:

All the contracts are between the claimant JD sports and my company, nothing about this was personal. I have written a witness statement stateing all of this and was planning to issue t=this to the high court. I was advised when i visted the court it would only be heard in October, but i need to file a defence in 14 days both company and personal as i have acknowledge service

Alex Watts :

Ok - you just need to file a defence at this stage saying that you were an employee of the Company, you have never acted personally and that the claim against you should be struck out

Customer:

Do i need to make application notice ahead of that or just send that in as my defence and not file an application notice?

Alex Watts :

You can make an application but its going to cost you £155 and a hearing.

Alex Watts :

Wait to see whether they continue the case against you after the defence and if so then make an application.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok So just file the defence immediately, ahead of the application for a hearing as the matter should be quite clear. What's the procedure for sending in the defence to the court?

Alex Watts :

Yes

Alex Watts :

You just send your defence in the post to the Court where the claim came from

Alex Watts :

That is it

Customer:

ok, i was planning on the application notice, but it would seem that my defence is more important and can be done immediatley, I'm assuming a copy to their solicitors as well?

Alex Watts :

Yes I would agree. The Court will send a copy to the Solicitors.

Customer:

ok wow, this very useful service, feel like i need to you on speed dial....or email dial at least. Thank you

Alex Watts :

Happy to help

Alex Watts :

If this does answer your question might I invite you to rate my answer

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

Remember you can also bookmark my profile at:

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi alex are you on line to discuss further


 


 

Expert:  Ash replied 2 years ago.
Yes?

Customer: replied 2 years ago.

I am requiring to make an application for a set aside in relation to a statutory demand I received for £19,000.


 


In short ahead of the claim the court issued 2 orders one against the company and one against me that were both exactly. The order was basically to provide various informations and issued on the 22nd July


 


I complied with both orders within the 07 days, but the claimant has sent me the costs ( the £19,000) both orders had the granting of costs


 


Surely these costs should be attributed to the company? I am un clear why everything has been in duplication except this cost only sent to me as defendant (2)


 


I did not attend the original hearing, as I had in advance already advised the claimants solicitor that i would comply fully with the order. I did this in my capacity as director in the form of an email from my work email signed director. This email was presented in court as there solicitor said it would save time and money.


 


In my application to set a side the £19,000 which is at a different court ( county), will it help my case to show that the order in which they have sent to support there claim I have also applied for a set aside.


 


I have never personally agreed to pay there costs?


 


My question is should i apply for a set aside of the original order on the basis I do not believe costs against me should have been included, will this help my case in the county court


 


Also I will be filing my defence at the high court today, which as discussed request the claim to be struck out on the basis this is an agreement between 2 companies.


 


Does the defence filed with the high court also needed to be included in my application to set aside the £19,000 in the county court.


 


Without a case to answer personally in this claim, having complied with the order that was issued to me, It cant possible be right that these costs awarded to the claimant should fall with me?


 


Thanks for your thoughts


 


 


 


 

Customer: replied 2 years ago.

further thoughts on the application to set a side the statutory demand for £19,000. Outline reasons:


 


- I dispute the amount amount in full


 


- Have requested a set a side of the order they have submitted and judge ordered. Provide copy /evidence of this this


 


- Have submitted a defence of the claim, on which the order was granted which requests the claim against me to be struck out as no case to answer personally


 


Given the order has been granted by the judge and they have submitted this but that it is clearly spurious given there is no claim is this the right path to be going down


 


-

Expert:  Ash replied 2 years ago.
If you have received the POC then yes this is the right way, you need to file a defence and ask that it be struck out.

Alex

Customer: replied 2 years ago.

POC?

Customer: replied 2 years ago.

 


 


Sorry I am un clear,


 


- defence will be filed and request for the claim against me to be struck out will be made.


 


- i was thinking of making the attached application notice in terms of the order ( due to order granting costs to the claimant)


 


and as such using this in my evidence for grounds for set aside against the statutory demand


 


please confirm you have attachment


 


Thanks


 


 


 


Attachment: 2014-08-12_085533_application_for_set_aside_of__order_granted_22.docx


 

Customer: replied 2 years ago.

ok POC particulars of claim understood


 


My questions now relate to the


 


- Court order


 


- Application for set aside of stat demand


 


I'm clear on the defence aspect but need advise in relation to the above

Expert:  Ash replied 2 years ago.
Ok if you want to make an application for strike out you can. You will have to pay a court fee of £155 and there will be a hearing.

Alex

Customer: replied 2 years ago.

 


Strike out of the order?


 


The order is bothering me, I have complied with it both in terms of for the company and myself but i am not happy with court granting costs to the claimant within this order given I am filing a defence as i dont think i have a case to answer in the claim that was submitted spuriously against me to get the order.


 


Should i file a notice of application in regards to the order, asking it to be set aside due to granting of costs against me personally? Can i then submit this application to the county court using it as grounds for the request to set a side the statutory demand


 


Did you receive the attachment with my suggested wording for the evidence in relation to getting the order set a side?


 


 

Expert:  Ash replied 2 years ago.
You are seeking an order striking out the claim together with costs,

That is what you want to ask the court to apply for.

Alex

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