• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

* discontinued * Small claim court papers receive for a limited company

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #91
    Re: Small claim court papers receive for a limited company

    GBEXILE which comments do you mean?

    Thanks

    Comment


    • #92
      Re: Small claim court papers receive for a limited company

      R0b thank you for your post. After reading it again are you saying he has to prove he entered into a contract with me personally and not that I need to prove he entered into a contract with the company?

      Thanks again

      Comment


      • #93
        Re: Small claim court papers receive for a limited company

        The contractor is the claimant and the burden of proof is on him to show that a contract existed between himself and you, and also the other director if he is a party to the claim too. Your job will be to rebut that argument and provide evidence in court to show that the contract was not entered into by you personally.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #94
          Re: Small claim court papers receive for a limited company

          Originally posted by benken28 View Post
          GBEXILE which comments do you mean?

          Thanks

          You implied earlier in the thread that further payments were made after the payments relating to the CIS certificates.

          What you have to realise is it is extremely common that people in the construction trade often trade as limited & also go cash in hand off the books to make some tax free money. Any judge will be aware of that.

          Hopefully the guy will cave in with the CIS evidence. But if he can come up with anyone stating you did cash work then you need to think.

          In any case. You & your exdirector should be forming the same defence. Have a chat with him.

          Comment


          • #95
            Re: Small claim court papers receive for a limited company

            I am just preparing my defence. In the Particulars of Claim he states he don't know of any reason why he wasn't paid. After looking at text messages from him when he was threatening I explained again the Company is a separate entity to myself and he replied thanks for that.

            Would I include this in my defence as by saying he knows of no reason why he hasn't been paid it is untrue as I have the text messages from January that told him the facts again

            Thank you

            Comment


            • #96
              Re: Small claim court papers receive for a limited company

              Hi Benken.

              Put it in your defence. It will not hurt. But I guess you are over simplifying the actual text messages on here.

              "thanks for that" can mean "thank you very much for trying to stuff me". It certainly doesnt read as an admission that he knew he was being paid by a limited company.

              It will not hurt you for the time being but I would make sure you do not delete the conversation as the Judge might want to read the actual text & decide for themselves what was actually meant. If you put it in your defence but delete it or parts of it then it will not go well.

              Comment


              • #97
                Re: Small claim court papers receive for a limited company

                Thanks for the reply, what I mean is i stated that it was a limited company again but in the Particulars of Claim he put there is no reason why he wasn't paid which is untrue as we had the text exchange at the start of the year

                Comment


                • #98
                  Re: Small claim court papers receive for a limited company

                  If I recall, your defence needs to be submitted by 4pm tomorrow.

                  Why do't you post up your draft of what you have so far and we can maybe add some feedback on how to beef up your defence given the limited time.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #99
                    Re: Small claim court papers receive for a limited company

                    I have submitted my defence based on your draft and added the bits that are relevant to my case.
                    I didn't put about the text messages in it as I think I have enough already. I think with the vouchers he will see that he is taking a big risk by taking it further.
                    I will update you when I hear back

                    Thank you all for your help

                    - - - Updated - - -

                    As I've said before he knew it was a limited company and to take it to court he would be going on a lie

                    Comment


                    • Re: Small claim court papers receive for a limited company

                      Sorry for all the questions but I was just thinking. If I have to prove it was the Company that instructed him surely he should have to prove it was me personally as well?

                      Comment


                      • Re: Small claim court papers receive for a limited company

                        How was he instructed in writing or verbally either way has it been the same way every time you used him?

                        Comment


                        • Re: Small claim court papers receive for a limited company

                          Hi yes always verbally

                          Thank you

                          - - - Updated - - -

                          It was the same with every contactor

                          Comment


                          • Re: Small claim court papers receive for a limited company

                            Hi Wales01man, what were you thinking to ask that question?

                            Thanks

                            Comment


                            • Re: Small claim court papers receive for a limited company

                              Originally posted by benken28 View Post
                              Hi Wales01man, what were you thinking to ask that question?

                              Thanks
                              Could become a He said I said argument make sure you have everything in your defence strongest defence must be that he was paid with LTD Company funds before others should be able to help better than I can

                              Comment


                              • Re: Small claim court papers receive for a limited company

                                This is what I mean. He has issued papers against me with no evidence to support it was me personally that instructed him. Surely he can't just turn up in court saying I thought it was him personally with no evidence? Bearing in mind I have the vouchers

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X