Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Did you sign any Solicitor terms and conditions? If so does that say it was in a personal or business capacity?
The sale was handled by a sales rep in our company, there was a quotation, terms and conditions of trade, company invoices, and all funds were paid to a company account.
I am a direct or of the company, and they have submitted a claim notice against the company and also me whom they claim was trading as the company name, which is not true
I didn't sign any solicitors terms and conditions.
Then you are not personally liable.
There is no claim against you.
When you file a defence put that you did not sign anything personally, there is no contract personally and that the claim should be struck out
EXTRA INFORAMTION FOR FREE: What you could also do is file a defence and then apply for summary Judgment.
Thats what I thought, I have requested that they remove me from the claim notice but they are not complying
That is the claim has no prospect and should not continue. The Court can strike out the claim
We have not filed a defence as the company has since ceased trading
Can I clarify anything for you about this today please?
I see, if there is no claim against you personally then you don't need to worry
They can't claim against you
Does that help?
Yes, it does, thanks. Was just worried as to why they refused to remove my name from the claim notice. Maybe because they would have to refile the whole thing?
If its a claim against you personally you need to file a defence.
They have listed three parties. Two are the company, under different names and last my name trading as a company trading name
I never traded personally as this name of course, it was a ltd company trading name
You should file a defence for yourself based on what I have said
Does that clarify?
OK, thank you.
Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
If you need more help please click reply