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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70517
Experience:  Over 5 years in practice
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I have done a recent credit check on myself and it has come up there is a county court

Resolved Question:

hi, I have done a recent credit check on myself and it has come up there is a county court judgement against me personally which I am not liable.
I had a limited company which was a training company, I used a awarding body for certificates and books ect. The awarding body took away our status as a centre and that month we closed the business down as it was insolvent.
They then tried to get the £400 or £500 from us which we couldn't pay.
I didn't know this at the time but they then sent a county court judgement to my personal address and in my name.Not the old company address or the limited company name.
I did not live at this old address, i did not receive any of this.
Having done a recent search, this has now been on my address since July 2015.
I have the original center agreement with my company number and correspondence address and all other singed documents clearly stating I am the centre contact and director.
Non of these signed documentations say I am persona
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
Hi have you read the above? I had 3 points
Customer: replied 1 year ago.
Ok so it didnt save the whole question! Hang on.
Customer: replied 1 year ago.
None of the documents say I am personal liable for company debts as the centre contract.I am hoping to get a new mortgage in 12 months and that will not be possible with this on.My questions are?1. Can I successfully appeal this ccj against me personally as it was a company debt
2. Can I claim back my fees for this?
3. will it be taken off of my record?
Expert:  Jo C. replied 1 year ago.
What is the date of the CCJ?
Customer: replied 1 year ago.
I think it was around 15th July 2015, I need to go back and check as the search was done by a third party.
Expert:  Jo C. replied 1 year ago.
Thank you. You are out of time to appeal although you could try to appeal out of time and see if permission is granted. The fact that this was a limited company does not automatically mean that you are not liable. It depends whether or not there are personal guarantees underpinning the agreement which is often the case for contract with limited companies or whether or not they have shown that the company was a sham to protect the directors. In legal theory that is not an easy test to reach but I have found that courts will accept such a defence in a case where loss has been suffered and the company is defunct. I'm not sure which fees you are thinking of? If you are successful then it will be removed from your credit history. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
It wasn't a credit agreement or anything so there were no personal guarantees on anything.Do I just complete a N244 form?
Expert:  Jo C. replied 1 year ago.
Yes, you can use the N244 form.You are out of time so it might well be refused.Do understand that you are taking a risk.
Customer: replied 1 year ago.
I understand but in my defense they were sending the correspondence to the wrong address. The address I issued them for the business and correspondence was not used. I had a forwarding service put on that address and they used an outdated address.
Expert:  Jo C. replied 1 year ago.
Yes, and it might be accepted for that reason. But it is a test to overcome.
Customer: replied 1 year ago.
ok thanks.Liz
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
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