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JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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We have provided a cleaning service to a pub. We contracted

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We have provided a cleaning service to a pub. We contracted with a Mr Thornton who described himself in the contract as the owner. He did not complete the boxes to provide company details (Name, Registration Number etc). As a consequence, HSBC recommended a credit limit based upon his personal credit check.
We have filed a claim for just over £6000 with Money Claim On Line.
Subsequently, we have received notification from an insolvency practioner that The Fat Cat Pub Company Ltd was being placed into Creditors Voluntary Liquidation.
At no time when the contract was agreed was this company mentioned. If it had been mentioned the company would have failed credit checking. Apparently, there will not be a payout to unsecured creditors.
As Mr Thornton signed our contract describing himself as the owner, should we press our claim against him personally?
Thank you for your question.

If the person did not complete company details then you are entitled to presume that he contracted with you as an individual and can sue him personally. He will of course try to defend the action by saying that he was contracting on behalf of a limited company now in liquidation. My view of that is that such a defence would be thrown out where he himself has filled in the form you gave him and made no mention of the company and indeed said that he was the owner.

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Customer: replied 5 years ago.

Thank you for your quick response.Smile

You are welcome.