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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Again, I have had a defended claim response from the

Resolved Question:

Hello again,
I have had a defended claim response from the 1st defendant, but with no copy enclosed, I also have a notice of defence from the 2nd defendant , claiming that it has been paid! How can I respond?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you asked the court for a copy please?
Customer: replied 1 year ago.
Yes, they are sending me a copy and also clarifying why the individual defendant has responded with a "notice of defence that amount claimed has been paid" but replying No to the question have you already paid it!
Expert:  Ash replied 1 year ago.
How do you want to proceed? Did you pay?
Customer: replied 1 year ago.
I am prepared to take it to court, although I may agree to a mediator!
I have paid the court fee!
I will await the copy of defence & then go through it with you over the phone if that's ok!
Expert:  Ash replied 1 year ago.
Sure.
Customer: replied 1 year ago.
Hi,
The first defendant(ltd company) has not replied so I have issued a request for judgement, that has been processed! The second defendant ( individual) who is the company director has made a defence that he has nothing to do with it and he only worked for the company!
I am considering taking this to court / mediation!
Expert:  Ash replied 1 year ago.
Ok, what would you like to know about this?
Customer: replied 1 year ago.
If the company is deemed liable, but unable to pay, then is the individual personally responsible in any way for the debt? Also would his statement that he has nothing to do with the company ( whilst he is still company director) have any bearing ?
Expert:  Ash replied 1 year ago.
No. If the contract was with the company then unless you have a personal guarantee the individual can't be liable.
The employer is vicariously liable for the actions of the individual.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Ok, what would likely happen if I took him to court anyway? Could he counter claim against me?
Expert:  Ash replied 1 year ago.
He could but you are likely to lose if you claim against him.
Does that clarify?
Alex
Customer: replied 1 year ago.
Could the fact that the individual promised something in a personal email count for anything?
Expert:  Ash replied 1 year ago.
No....... I think you would really struggle there.
I am sorry.
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 you have not done so already 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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