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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, A solicitor has included me in a personal capacity on a

Resolved Question:

Hi, A solicitor has included me in a personal capacity on a claim notice that relates to a business transaction between two companies. While they are entitled to put a claim against the company I work for, can they get a judgement against me personally as they have added me to the claim notice?
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 :

Did you sign any Solicitor terms and conditions? If so does that say it was in a personal or business capacity?

Customer:

The sale was handled by a sales rep in our company, there was a quotation, terms and conditions of trade, company invoices, and all funds were paid to a company account.

Customer:

I am a direct or of the company, and they have submitted a claim notice against the company and also me whom they claim was trading as the company name, which is not true

Customer:

I didn't sign any solicitors terms and conditions.

Alex Watts :

Then you are not personally liable.

Alex Watts :

There is no claim against you.

Alex Watts :

When you file a defence put that you did not sign anything personally, there is no contract personally and that the claim should be struck out

Alex Watts :

EXTRA INFORAMTION FOR FREE: What you could also do is file a defence and then apply for summary Judgment.

Customer:

Thats what I thought, I have requested that they remove me from the claim notice but they are not complying

Alex Watts :

That is the claim has no prospect and should not continue. The Court can strike out the claim

Customer:

We have not filed a defence as the company has since ceased trading

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I see, if there is no claim against you personally then you don't need to worry

Alex Watts :

They can't claim against you

Alex Watts :

Does that help?

Customer:

Yes, it does, thanks. Was just worried as to why they refused to remove my name from the claim notice. Maybe because they would have to refile the whole thing?

Alex Watts :

If its a claim against you personally you need to file a defence.

Customer:

They have listed three parties. Two are the company, under different names and last my name trading as a company trading name

Customer:

I never traded personally as this name of course, it was a ltd company trading name

Alex Watts :

You should file a defence for yourself based on what I have said

Alex Watts :

Does that clarify?

Customer:

OK, thank you.

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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