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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I am a Director of limited company dissolved and I did not

Customer Question

I am a Director of limited company dissolved and I did not give any guarantee to the Claimant.
The Claimant took out a money claims in County Court against me as an individual. Am I not wrong person taken to court? If not, What grounds should the CCJ stand against me?
Submitted: 7 months ago.
Category: Law
Expert:  Alex J. replied 7 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. How did the debt arise? Did you defend the proceedings or is it a default judgment? Kind regards AJ
Customer: replied 7 months ago.
There was no debt really. It was rent arrears which accumulated in a tenancy between my company and the tenat Council reffered to me for housing. The teneant was entitled to full housing benefit. Her partner obtained permission from the Council and moved in to live with the tenant. Council cut the tenant's housing benefit from £950.to 538 per month. at The end of tenancy the council settled the rent Arrears up £6965.78. Then returned and demanded £5065.78 as overpayment. And took out the claim in Woolwich County Court. The Case has not been on trail. On 5 Sept 2013 a default judgement was entered against me although the Court raised a false order on 23 .08.13 and ordered me to attend the hearing when my Defence had already been struck out. The Claimant did not ask for default judgement on form N225/227 and so far had only filed a witness statement as its particulars of claim. The Judgement or Order for the said hearing bear DJ Backhouse instead of DJ Beattie. The amendment was manually done this year in a hearing. I was also placed on sanction this year for not having fulfilled Circuit judge order dated 5.02.2014. I did not receive this order. And why it took so long before order surfaced, I can't understand
Customer: replied 7 months ago.
I discovered a fresh evidence in the process, which compelled the Claimant by law to pay rent arrears whenever rent is 8 weeks or more in arrears. The County Court at Woolwich failed to implement my application to the court with the fresh evidence.
The Judge did not take grounds for opposing the Final Charge order into consideration when making Final Charge order on 26th April 2016.
The judge granted me permission to appeal during the hearing on 26th April 2016, but did not include the permission when issuing the Order. The Order is not dated at all.
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. Technically the legislation is known as the Statute of Frauds 1677 - you cannot be held liable for another persons debts or liabilities (a company is a legal person) unless you accept liability in writing. Have you applied to have the default Judgment set aside?
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. Technically the legislation is known as the Statute of Frauds 1677 - you cannot be held liable for another persons debts or liabilities (a company is a legal person) unless you accept liability in writing. Have you applied to have the default Judgment set aside?
Customer: replied 7 months ago.
Yes! I applied for the judgement to be set aside. It went through a circuit judge who asked me to obtain a transcript of judgement for the hearing.
I could not apply and obtain transcript because the order was bearing a wrong judge. I requested for it to corrected but it was done this year.
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. So is there a return date for the set aside hearing?
Customer: replied 7 months ago.
No. the County Court changed the situation around and established Interim order and finally made a final Charge order on 26th April 2016. Changed from Circuit Judge back to County Court Judge
Expert:  Alex J. replied 7 months ago.
Hi, Thank you. You can still apply to have the Charging Order set aside. The court clearly did not consider that the debt was not in your name. Have you applied to have the CO set aside are they pushing for an order for sale?

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