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 Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2225
Experience:  Solicitor at BLM
106282438
Type Your Law Question Here...
Anthony Chendo is online now

As the managing director of a private limited company, I

Customer Question

Hi, as the managing director of a private limited company, I have had a claim made against me in the small claims court by a consumer. This was not made against the company. Is this valid? The claimant has also failed to submit evidence in the 21 day prior to the hearing time frame given by the court instructions. Is there anything I need to do to point this out or will the court just disregard their evidence?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: I have submitted all evidence to the court when required to. That is all
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is all
Submitted: 22 days ago.
Category: Law
Expert:  Anthony Chendo replied 22 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service but rest assured that i will respond within 24 hours.

If the agreement in question was between the company and the consumer then it is likely the claim against you personally will fail on this basis a company is a separate legal entity.

Do you understand what i have stated so far? if yes i will discuss the court procedure rule mentioned.

Customer: replied 22 days ago.
I understand the above. I thought this may be the case, however the trial is set as paper only and the date for disclosure of evidence etc has passed so how do I argue this? The fact that the claimant submitted late is also what I want to discuss. I just want to know if I should bring this to the courts attention or will they be aware and disregard the claimant evidence as stated in the instructions?
Expert:  Anthony Chendo replied 22 days ago.

Hello

If your evidence i.e your defence and witness statements states the position that they have got the wrong person on the form, the court will consider this when assessing the claim.

If the Claimant sent the documents less than 21 days before the hearing, you should bring the court's attention to this breach and they will consider it. Further if the late disclosure meant you have been ambushed and thus do not have sufficient time to consider the points raised before trial, you ought to consider making an application seeking the trial to be adjourned. With regards ***** ***** an application i strongly suggest you seek to instruct a solicitor to draft the application for you because any mistakes on the application could cost you the claim.

Expert:  Anthony Chendo replied 22 days ago.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe.

Expert:  Anthony Chendo replied 20 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe.