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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Again, I have had a defended claim response from the

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Hello again,
I have had a defended claim response from the 1st defendant, but with no copy enclosed, I also have a notice of defence from the 2nd defendant , claiming that it has been paid! How can I respond?
Hello my name is ***** ***** I will help you.
Have you asked the court for a copy please?
Customer: replied 2 years ago.
Yes, they are sending me a copy and also clarifying why the individual defendant has responded with a "notice of defence that amount claimed has been paid" but replying No to the question have you already paid it!
How do you want to proceed? Did you pay?
Customer: replied 2 years ago.
I am prepared to take it to court, although I may agree to a mediator!
I have paid the court fee!
I will await the copy of defence & then go through it with you over the phone if that's ok!
Customer: replied 2 years ago.
The first defendant(ltd company) has not replied so I have issued a request for judgement, that has been processed! The second defendant ( individual) who is the company director has made a defence that he has nothing to do with it and he only worked for the company!
I am considering taking this to court / mediation!
Ok, what would you like to know about this?
Customer: replied 2 years ago.
If the company is deemed liable, but unable to pay, then is the individual personally responsible in any way for the debt? Also would his statement that he has nothing to do with the company ( whilst he is still company director) have any bearing ?
No. If the contract was with the company then unless you have a personal guarantee the individual can't be liable.
The employer is vicariously liable for the actions of the individual.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Ok, what would likely happen if I took him to court anyway? Could he counter claim against me?
He could but you are likely to lose if you claim against him.
Does that clarify?
Customer: replied 2 years ago.
Could the fact that the individual promised something in a personal email count for anything?
No....... I think you would really struggle there.
I am sorry.
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