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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good day, I am in need of some advice. I have recently been

Resolved Question:

Good day, I am in need of some advice. I have recently been declared bankrupt. This morning my wife received an enforcement letter, threatening seizure of goods for one of the debts that I incurred, to the amount of £4000.
The problem is that over three years ago, I was in the process of changing banks to lower cost, but on the day I did not have my identification on me, as it had been sent away to update my passport. As a result we opened the account in my wife's name, trading as my business, which was the name of my pub at that stage.
The business has always been in my name, with my wife being an employee and getting paid as such. I was also out of the country and instructed her to change our laundry account. As a consequence, she signed the new contact which was between my business and the new contract.
All of this, I have declared to the receiver handling my bankruptcy, including this debt.
I am confident that when they applied for a court judgement, that they did not declare all the facts, like that the business was in my name and trading in my name alone as a sole proprietor, the original bank account was in my name and only changed as a consequence.
So, do they have the right to come after my wife and does she have the right to contest this unfair judgment for a debt that was mine ?
Kind regards
Mike de Gouveia
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
I am not sure if this is important but I tried very hard to repay this debt and eventually came to an agreement to pay it off. I managed to make two payments of a £1000, that were paid from my personal account. This was after I had told the company that my wife was not liable or responsible for this debt.
Also the tennancy agreement was between the brewery company and myself for the full duration, which was 5 years
Customer: replied 2 years ago.
Hi, please help, I have paid for and submitted my question yesterday already. This is my fourth time that I have used your service and the replies were always prompt. I t has now been more than 24 hours since, please advise as this is urgent !Regards
Mike de Gouveia
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
No I still desperately need an answer, please continue.
I am still surprised that it has taken so long, I have used this service 4 times previously and all for similar legal advice. Was very impressed with the speed and the quality of advice
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Every question is different and some may be more difficult to answer than others.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Who did they a CCJ against, you or your wife please?
Customer: replied 2 years ago.
Thanks for coming back to me Alex.
They took it out against my wife
Expert:  Ash replied 2 years ago.
Why didnt she file a defence?
Customer: replied 2 years ago.
She had moved and it obviously went to the other address.
Today she managed to get the writ stayed and I think the courts are going to allow her to defend it.
From what I have told you, do u think she has a case ?
Expert:  Ash replied 2 years ago.
Yes I do. She was an employee and therefore not liable. An employer is vicariously liable for actions of an employee. So yes I think she has a chance to defend it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
What about the fact that the bank account was in her name, trading as the pub that I owned. The lease with the brewery was in my name alone
Expert:  Ash replied 2 years ago.
But its your debt, she was running it on your behalf. She was acting as agent for you.
Does that help?
Alex
Customer: replied 2 years ago.
Yes, that is a big help and much appreciated.Thank you
Expert:  Ash replied 2 years ago.
Good luck!
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.
Will definitely rate your services positively. One final question, will my wife be able to claim the monies back from this company, for the court costs ?
Expert:  Ash replied 2 years ago.
Yes if she wins.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Awesome, thanks again