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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70520
Experience:  Over 5 years in practice
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I have received claim form allegedly stating I have done some

Customer Question

I have received claim form allegedly stating I have done some damage at a customers address. I did not work at this address but as I am one of the three directors of a company we wound down months ago He states he is holding me personally responsible. This customer owes our company over £25,000 and still has not paid because of this we had to wind down the company. What do I do now he is trying to claim over £8,000 from me. I owe him nothing. He has been harassing me over a few months now. I know he is a fraudster and am trying to keep well away from him.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
How can I help with this please?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I do not know what to do next since receiving this claim form. I have not done any thing wrong and it is all made up against me

Expert:  Jo C. replied 2 years ago.
Ok.
So do you have a specific question about this?
Customer: replied 2 years ago.

What can I do to stop this false claim?

Expert:  Jo C. replied 2 years ago.
Is this a limited company?
Customer: replied 2 years ago.

Yes this is a Ltd company

Expert:  Jo C. replied 2 years ago.
Does he say you did work at the address?
Or is he arguing you are responsible for the behaviour of your employees?
Customer: replied 2 years ago.

I know my employees did not crack his tv he had hidden in the garage under a blanket.

Expert:  Jo C. replied 2 years ago.
Yes, but what is his allegation?
Customer: replied 2 years ago.

He is stating I have not paid him for his broken TV's also saying there are materials on his account that I know nothing about. He is making things up

Expert:  Jo C. replied 2 years ago.
yes, probably.
what I need to know is how does he say the TV was broken?
Customer: replied 2 years ago.

He just declared that our boys broke the tv he does not state how tv was broken. He also had other contractors in the work place. We were refurbishing and building a new bungalow for him.

Expert:  Jo C. replied 2 years ago.
No, but is he saying that it was you personally or your staff?
Customer: replied 2 years ago.

He is saying he is holding me personally responsible I wasn't even there. There was no proof or acceptance that any of our staff had done the damage. I certainly did not. My staff stated no one had done any damage at all and that he was just making it up. No proof

Expert:  Jo C. replied 2 years ago.
Would it be possible to give me the information I asked for? I cannot answer without it. I presume he is alleging it was one of your staff but I need you to tell me otherwise I have no way of knowing.
Customer: replied 2 years ago.

He has not actually stated it. He has not actually said he accuses our staff he has not actually said he accuses me . of the damage. He just declares He is holding me responsible to pay for the damage. And in doing so he has put a claim in for £9,057.35 . I presume he is blaming the staff but holding me personally accountable.

Expert:  Jo C. replied 2 years ago.
Were you ever on the premises?
Customer: replied 2 years ago.

Yes checking the work of my men and making sure he was happy with the works being done.

Expert:  Jo C. replied 2 years ago.
OK.
It is difficult to tell then really.
If damage was done then it doesn't matter whether this was a limited company or not. There is still liability to those who cause the damage.
If he is alleging you did it personally and you did not then you just defend on the basis that is untrue.
If he is saying that your staff were responsible then he could argue that you are liable vicariously although you could defend on the basis that the limited company employed them rather than you.
The small claims court district judge might let him pierce the corporate veil and pursue you but he should really only do that if he is satisfied that the company was a sham.
If the company is no longer trading then you cannot claim for the monies owed. If it is not yet defunct though you would counter claim for the money he owes.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

No that is fine thank you for your information .

Expert:  Jo C. replied 2 years ago.
Apart from anything else, the sum of his claim is ridiculous.
Customer: replied 2 years ago.

Yes it is, but he seems to know what he is doing. I do hope the truth comes out. Thank you for your advise

Expert:  Jo C. replied 2 years ago.
I don't think you need to worry. He is not going to get just under £10k for a broken TV.