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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69769
Experience:  Over 5 years in practice
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I have been issued with a county court summons debt(4236.50)

Resolved Question:

I have been issued with a county court summons for a debt(4236.50) to a limited company which I was a director of. I responded saying that the company was no longer trading and had no assets, as a sign of good faith I told the plaintiff to issue an invoice the my new limited company and I would try to have it paid. I have now received a judgement against me personally for the debt. How can the judgement be against me when the original debt was to a limited company. I cannot accept a CCJ, What is the best way to proceed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you attend court to answer it?
Customer: replied 2 years ago.
No I was out of the Country
Expert:  Jo C. replied 2 years ago.
Ok. You would still have got the case? Are they saying that the limited company was a sham?
Also, I notice you have not yet left feedback for a previous answer so I wonder if you could do that now?
Customer: replied 2 years ago.
No mention of a sham. Company traded profitably from 2005 to 2013. The judgement says: "the claimant objected to the rate of payment you offered, therefore the court has decided what you should pay".
Sorry for not completing feedback
Expert:  Jo C. replied 2 years ago.
No problem.
Did you submit a written defence?
Customer: replied 2 years ago.
Yes, I stated that the company was no longer trading and has no assets and if the claimant re invoiced to my new company I would try to have it paid.
Expert:  Jo C. replied 2 years ago.

Thank you. If you don’t attend court, then judgement will be awarded against you in most cases.

You should apply to court to have the judgement set aside on the basis that you have a reasonable defence in that, you are a director of the limited company and you have no liability personally.

Apply on court form N244 for which the fee is £155

That will not get rid of it altogether but it will be deferred to a future hearing when you will be able to put forward your defence and counter any allegations made by the claimant.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69769
Experience: Over 5 years in practice
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