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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Some time ago as director of a limited company I signed a contract

Resolved Question:

Some time ago as director of a limited company I signed a contract with an agent for them to appeal the companies Non Domestic rates listing. The contract clearly noted me as Director and the company as a limited company, and the company was the entity that paid the rates and occupied the property.
So when the agent made the application to the council they listed the applicant as me (the individual in my personal name), listed me not the company as rate payer.
So can they do that?, even if their representation was a mistake have they operated correctly under the terms of the contract as they had no permission to act my agents(the individual), and despite clearly knowing the company paid the rates listed an individual as being the rate payer.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Thank you for your question.

The company is a separate legal entity from yourself i.e. you and the company are two different beings in law.

Your agent should not have put your personal name down as the applicant and that would be negligence on their part as they should have put the company's name down.

You should ask the agent to rectify the mistake and tell them that you will hold them liable for any losses which you suffer personally out of their negligence.

May I help further?
Customer: replied 2 years ago.

I was aware of the separate entities, and as for changing, the application is quite passed.

My focus is on whether they were negligent in not making an application on behalf of the company and thus in breach of the contract, and as agents should they be able to present the company with a bill for any success when they never made the appropriate application on the companies behalf.

cheers

Neil

Expert:  UKSolicitorJA replied 2 years ago.
Yes, they were negligent by putting your name down and not the company's and they were also in breach of contract by doing what they did, so the company may argue that it should not have to pay any bill of theirs.

Hope this clarifies
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