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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being sued by a company alleged outstanding debt

Resolved Question:

I am being sued by a company for an alleged outstanding debt which i am contesting. The company in question is incorporated in Hong Kong and was not registered with UK Companies house until 2013, 5 years after the alleged default took place. The company did have a permanent UK office and its directors are uk domiciled citizens.
Am i correct in assuming that this company was trading contrary to the provisions of the Companies Act 2006, and as such any contract with any party including myself would be voided by its non compliance with that act. Also, the company did not disclose its overseas (non eea), status on any documentation. Would this have a bearing on their claim?
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 : For now please let me know whether it is the company suing you?
Customer:

Hi Alex

Customer:

Yes it is the company that is suing me

Alex Watts :

If the debt was before the time the Company was incorporated in the UK then they can NOT sue

Alex Watts :

Only a UK Registered company can sue in its name here in the Uk

Alex Watts :

Any debts before the company was formed can NOT be claimed

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex

Customer:

Thanks for that - is there a legal precedent that i can use please?

Alex Watts :

This is a question and answer site and not used for case law. But it is a matter of contract

Alex Watts :

You dont have a contract with the UK limited company

Alex Watts :

Therefore there can be no debt

Alex Watts :

Does that clarify?

Customer:

It does indeed.

Customer:

Many thanks

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