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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6465
Experience:  Senior Associate Solicitor
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I'm essentially looking to help my wife with her tennis

Customer Question

Hi there
JA: Hi. How can I help?
Customer: I'm essentially looking to help my wife with her tennis club. There was a pre existing debt with the club before she became a director of the club, and is now being chased for payment. We're even getting threatening letters sent to our house now...
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: In the UK
JA: What steps have you taken so far?
Customer: The committee members have been trying to help her but I think that's about all at present.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Mainly want to ensure that there is nothing the company can link with the house I own since it is nothing to do with me.
Submitted: 10 days ago.
Category: Law
Expert:  JimLawyer replied 10 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

Is the club a limited company (you refer to your Wife as a Director)?

Customer: replied 10 days ago.
Hi Jim - Appreciate your time here. Please bear with me as I don't have all the information to hand here, I'm just very annoyed that I'm having payment demands sent to my house. I'm actually still in the office at the moment but apparently we've had a letter sent home by LCS (presumably a debt collection payment company) threatening to claim the value of the debt. The debt I believe is with Scottish Power for the sum of circa £17,000
Customer: replied 10 days ago.
This is the tennis club's limited company that my wife Melanie is listed on. Not entirely sure why I'm listed as company secretary. https://beta.companieshouse.gov.uk/company/08076212
Customer: replied 10 days ago.
Apparently the debt is with the tennis club, and not with the limited company I've just given you the link to.
Expert:  JimLawyer replied 10 days ago.

OK, thanks. A limited company must have at least one director and one secretary (the latter was appointed in September 2016).

First and foremost the debt is with the limited company and the director does not have any personal liability - unless they signed a personal guarantee (a deed) but I do not think that is the case here. The debt collectors can try and recover the debt but they are not allowed to enter your home and they need a court order against the company. You can turn them away and say the debt is with the limited company only (though the registered office is 3 Tamar Close).

When you say the debt is not with the limited company, but the tennis club - I presume they are not the same entity?

Expert:  JimLawyer replied 8 days ago.

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 7 days ago.

Hi, have I answered this question for you please?