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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

Good Afternoon:Myself and my business partner have just

This answer was rated:

Good Afternoon:Myself and my business partner have just received notification of a claim being made against us. A past customer is suing us for the return of his deposit on two jobs we quoted for him. We are a building company. Firstly the amount of the deposit he paid which was £1500 was used in the amount of work we did. Secondly he is also claiming for the return of £1000 for joists that we had to purchase for his property and we still hold in stock as they were non returnable.The customer asked us to leave the job after asking us to go to a meeting with him (which never occurred) to discuss the way forward. He was unhappy with the amount of time the job was taking. The point is he is suing us individually but we are a Ltd. Company. Can he do that?
Hello my name is ***** ***** I will help you.What is it you would like to know about this please?Alex
Customer: replied 2 years ago.
As I asked in my original question , my business partner and myself are being sued by an unhappy customer in the county court through money claim online. However we are a limited liability company and the claimant is suing us individually. Is this correct or can I have the claim overturned or dimissed.
If you are limited company then liability will ALWAYS be with the Limited company and not personally.Therefore you should file a defence saying there is no cause of action, you can get the case dismissed on that basis.If you have already filed a defence then you can make an application to strike out the claim.In short, you are not personally liable for any issues with the Limited company.So file a defence saying that the case is ill founded because its against individuals rather than the companyCan I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
Thanks very much. That is what I shall do
Just file a defence when you get the Court papers saying there is no claim against you as the contract was with the X Limited CompanyThats all you need to do. It will go before a Judge who can strike it out.Does that help?Alex
Customer: replied 2 years ago.
Yes perfect thanks very much
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help:
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Alex may I ask you another property law question in an unrelated matter?
Sadly you need to post a new question for that. But ask for me and I can help!Alex