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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was a director of a small ltd which was dissolved by

Customer Question

I was a director of a small ltd which was dissolved by companies house May 2016.
I have now personally received a county court claims form for £370 for goods received. I have been named as the defendant.
The credit agreement was in the Ltd name as was the invoice. I signed credit agreement in my capacity as director but it is clearly in the company name without any personal guarantees.
When the company was going through a difficult time I was personally and was receiving counselling for PTSD, depression, anxiety and suicidal tendencies. I stupidly paid some of the money personally to the supplier but I never had invoice reassigned to me and credit agreement remained with Ltd company.
I defended claim form saying I shouldn't be named on it as I am not personally liable.
Supplier have now said they want it to go to small claims court. I can't afford this money. The claim form is the first time they came to me personally to request the money.
What do I do?
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, there is no contractual link between you and the contracting party, save for the fact you were a director?

Alex

Customer: replied 4 months ago.
No contractual link. Only that I paid some of the invoice personally as so stressed by it. Would that prejudice it? The invoice was never reassigned to me.
Expert:  Ash replied 4 months ago.

Then you just file a defence saying there was no contract between you and the the Claimant.

The contract was with the company and you did not have a personal guarantee.

That is it - hopefully the Judge will strike it out before it goes to trial

Can I clarify anything for you about this today please?
Alex

Customer: replied 4 months ago.
I did send in the defence to that effect was sent a questionnaire as was the supplier who refused mediation and opted to go straight to small claims court.
Expert:  Ash replied 4 months ago.

Ok - thats fine. The matter will be case managed and set down for a hearing.

But you dont need to worry - unless you signed a contract saying you are personally liable then you are not.

But a Judge will allocate the matter to a small claim and COULD strike it out at that stage.

Can I clarify anything for you?
Alex

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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