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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My husband and I were the directors of a Ltd Co. The Ltd Co.

Resolved Question:

My husband and I were the directors of a Ltd Co. The Ltd Co. ceased trading at the end of August 2014, it has no assets, no money and the bank account has been closed. There is an outstanding debt to the Ltd Co. of £3439.07. We notified the company of the above, however they have sent the Ltd Co, myself and my husband a small claim siting the sum is jointly and severally due as per there terms and conditions which were never signed and therefore never agreed. Can they come after the directors for a Ltd Co. debt?.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Gill my name is ***** ***** I will help you with this.
Did you ever sign an application form to this Company or anything?
Customer: replied 1 year ago.

Morning Alex,

No, I honestly don't believe we did, I dealt with them via email and phone, but they have sent a copy of their terms and conditions which has no place to sign. Surely they would have sent a signed copy if they had this to back up their case. They have only pushed the small claim after they have been made aware that the accountant has applied to have the company struck-off.

Expert:  Ash replied 1 year ago.
Indeed. It appears that you did not agree to their terms and conditions and if the e is to be a personal guarantee it should be signed by you. They shouldn't just say oh by the way you are personally liable.
For it to be binding you needed to have known about it and they should have reasonably brought it to your attention. Therefore on that basis I do not think you are liable.
No signed document, no guarantee,
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I apologise for not mentioning that they sent a letter in at the end of April this year stating there terms & conditions but we did not react as we had not signed their terms. Do you think this constitutes bringing this to our attention or does it still in your opinion come down to not signing as personal guarantees?

Expert:  Ash replied 1 year ago.
The thing with a guarantee is it need to be signed by the parties in order to be bound. In this case it's all very well they sent the terms to the company but unless they have anything signed by the guarantors themselves I can not see how then you can be liable.
Incorporating terms after a contract was agreed is no good. It's at the point of contract.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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