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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12740
Experience:  30 years as a practising solicitor.
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Assistant: How can I help? i have a question on cease and

This answer was rated:

hi
Assistant: Hi. How can I help?
Customer: i have a question on cease and desist letters please
Assistant: Where are you? It matters because laws vary by location.
Customer: UK (Southampton)
Assistant: What steps have you taken so far?
Customer: I have spoken to the individual concerned, as has one of the other former directors
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so no, thanks
Customer: replied 1 month ago.
The individual had a settlement agreement when he worked for a business (Migliori Limited). The settlement was never paid (as the business didnt have any money) and then the business has subsequently been Dissolved by companies house
The inidivdual is now soliciting help from other people to pursue the former directors of the business

Thanks for your question. I am a solicitor in the UK. What does this have to do with a cease and desist letter?

Customer: replied 1 month ago.
Hi, i am trying to get him to stop hassling for the debt against us personally when there are no legal grounds to do so. I was thinking that cease and desist letter might be the correct approach?If there is another avenue that would be more relevant - then please let me know!

Has there been any written claim against the former directors?

Customer: replied 1 month ago.
No, only against the business itself
Customer: replied 1 month ago.
verbally to 2 of the 3 former directors

One letter should be sent referring to the verbal communications explaining that the limited company was the entity due to pay the settlement agreement, it was unable to do so through insolvency and the former directors aren’t personally responsible and the person should not make a claim against the former directors as such a claim would fail as a matter of law. Any such claim will be strenuously defended by the former directors and legal advice should be sought as to th distinction between a company debt and a personal debt. That is technically not a cease and desist letter, it is just a denial of debt letter. Get it sent and if proceedings are raised you will have to defend them. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Ok thank you, ***** ***** get that drafted and sent on Monday. Thanks for your help

My pleasure.