How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6588
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I’m the director of a limited company and a customer of mine

This answer was rated:

Hi, I’m the director of a limited company and a customer of mine has filed a joint claim against both me and the company. I don’t feel the claim has merit and I believe it shouldn’t have been filed against me personally.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m a director of a company
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: That’s all thank you

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You are correct as a director has no liability in a claim (unless they are found guilty of either negligent or fraudulent misrepresentation).

As such you need to write to the claimant to invite them to discontinue proceedings against yourself only - send them form N279 and ask them to discontinue against you then send to the court. Give them 7 days to do this, and tell them if they do not you will be forced to apply to the court to strike out the case against you as joint defendant (and you will seek your costs of doing so).

Assuming they do not do this, you need to apply to strike out their claim against you. I will give you the details of how to do that in my next message.

To apply to strike out the claim (against yourself, not the limited company - unless their claim has not merit against the limited company at all in which case you can do that for the company too) you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS.

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I would go with the advocate as if your application succeeds (and I think it will) then their fee is recoverable from the other side - in addition to the £255 application fee.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 12 days ago.
Thank you for this, although I think there may be cross wires. This is an active claim with no outcome yet, I’m just looking at filing a defence, I was hoping to get it struck out fo at least my part. For the company part there is a somewhat valid claim for £23.50 however the claimant has filed the claim for just under £500.

Sorry, I cannot take a call at the moment. If no one calls you then you will not be charged for it. However, the call request is open to all experts - if you want to cancel the call then please send an email to [email protected]. I can continue with the question online if that suits?

Hi, you should file a defence - I attach a template and you will need to address each allegation in the claim (see the criteria for a defence at rule 16.5 here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.5).

If you complete it and post to the court (and a copy to the claimant).

You can also fill out the defence if the court has given you login details to the money claim site, or in the response pack (form N9B). If the issues are not complex then do that instead of using the template document.

If you file the defence then the claim will proceed ultimately to a final hearing a few months from now. If you do want to strike out the claim, please follow the advice as per my original answer to your question.

Let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Many thanks,

Jim

Customer: replied 12 days ago.
I’ve just requested the call be cancelled as I wasn’t aware I’d be charged £44, the pop up was a little unclear.

No problem, like I say if you send an email to [email protected] to cancel the call.

Customer: replied 12 days ago.
Aww right so i can actually still request it be struck out at this stage also? I feel I have validity to do that for the claim against me but I’m not sure about the claim against the company. Can I give you back ground details so you may advise further and see what you think?

Yes, you should file a defence just so the claimant cannot request judgment against you and the company. You can also make an application to strike out now.

No problem, if you give me the details.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 12 days ago.
It’s saying I’ve accepted a call offer after I’ve emailed?
Customer: replied 12 days ago.
This customer ordered 5 items of clothing on my online website totalling £165.75. 4 were delivered and are still in her possession, one item was placed on back order which means we needed to wait for more stock to come in from the supplier, this is advised in the terms and conditions of purchase. I can supply a copy if needed. The customer reached out and requested to return 3 of the 4 items received and was advised the Top was on back order and once that arrived we could then assist with a return. She filed a claim for £497.25 against myself and the company.

OK, the claim can only be against the company and not yourself. My previous answer is therefore still relevant. Give her 7 days to discontinue against you failing which you will apply to strike out the claim against yourself. In the meantime ensure the defence is filed.

Many thanks

P.s. send an email to [email protected] re the call - they will refund you if you have been charged.

Customer: replied 12 days ago.
So defend both first and then apply to strike out claim against myself if they don’t?
Customer: replied 12 days ago.
With the company defence should I Defend the whole claim or admit the price of the item that hadn’t served yet?
Customer: replied 12 days ago.
Arrived*

Yes, send a defence for both. If you don't then the claimant can ask the court for a CCJ against one or both of you (they win, in effect).

The company defence - you can defend the whole claim if there is a reason to do this but if the company owes an amount then defend part of it.

Customer: replied 12 days ago.
Thank you Jim. I’m in a bit of a predicament with my business right now, it’s been really hard trying to get it off the ground. I have a couple of legal matters I need assistance with but I just can’t afford legal help, are you able to give me any advice, direction where I can go for help?

Hi there, I can help answer legal questions and if they are outside my remit then I can opt out to let other experts pick up where we left off.
If you have further questions not related to the court claim, could you please post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “FAO:JIM” and I will pick it up as soon as I can.

Many thanks