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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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.

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