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

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  • #16
    Re: Small claim court papers receive for a limited company

    Just having a look at your defence, was the original invoice made out to the Ltd company ? As he is claiming he did some work for 'a friend' you might need to demonstrate that he was engaged by the company to do work for the company and knew he was to be paid by the company.

    ( we'll have to include the maths errors too - has his actual claim been put in for £3800 + the court fee ? - and the daily rate £10 of interest is wrong too )


    Also, did you apply to strike off at Co House or was it struck off by co house for not filing docs etc ? ( maybe you could PM me the company name so I can have a look at docs filed at Co House)
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Re: Small claim court papers receive for a limited company

      Thank you.

      Do you know who objected to the strike off in May 2016? ( ie. was it the claimant or you/your colleague ? )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #18
        Re: Small claim court papers receive for a limited company

        HI

        I don't know for sure but I suspect HMRC

        Thanks Ben

        Comment


        • #19
          Re: Small claim court papers receive for a limited company

          Ok good stuff.

          Sorry, one more thing - is the Defendant named as 'surname & surname' at your old registered address - or 'Mr surname & Mr surname' at your home address ? ( which might be the same of course )
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Re: Small claim court papers receive for a limited company

            Was the work carried out at a Directors home and invoiced to the LTD company?

            Comment


            • #21
              Re: Small claim court papers receive for a limited company

              Hi

              The work was carried out at a client's house and would have been invoiced to the company

              Thanks Ben

              Comment


              • #22
                Re: Small claim court papers receive for a limited company

                There is a box that says address for sending documents and payments (if different) and that has surname and surname

                There are 2 defendant boxes 1 with Mr my name and address the other with Mr other director and his home address

                Thanks again

                Comment


                • #23
                  Re: Small claim court papers receive for a limited company

                  You are going to need copies of all the CIS certificates for sure to provide a history of paying the guy via the limited company. Make sure you can get hold of them & also a copy of all communications with him.

                  I will leave you to the experts.

                  Comment


                  • #24
                    Re: Small claim court papers receive for a limited company

                    Thanks for your reply. I have proof in that he was paid through the limited company account of that is any good?

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                    • #25
                      Re: Small claim court papers receive for a limited company

                      I have also found copies of the CIS vouchers issued that states company name in full and how much tax was stopped etc

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                      • #26
                        Re: Small claim court papers receive for a limited company

                        It is not how you paid him that is important to the court in terms of where the money came from at your end. He may have not been aware you paid him previously from a limited company bank account.

                        What will be important is proving to the court that he was dealing with a limited company & he knew it or should have known it,

                        The only way you can prove this is emails, letters, CIS receipts, payment receipts/advice. All normal processes for a limited company.

                        If none of your correspondence says "ltd" on it & you cant come up with those CIS certificates then all he has to do is come up with evidence he was dealing with you & your partner as individuals & the slightest bit of evidence should be fine by the court.

                        Keep in mind that you as a Director of a company have a legal obligation to ensure all company records are kept for 6 years (i believe but it might be longer now) minimum regardless of the company status.

                        The CIS certs are your best bet because they will have your limited company details on them & the guy cannot dispute them. If you havent got them you could get copies them from HMRC.

                        Also the court may consider that for this job he was indeed instructed by you as an individual & not the limited company. It all depends on the evidence from both parties.

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                        • #27
                          Re: Small claim court papers receive for a limited company

                          Thank you for your reply.

                          The copies I have are from my accountant ie the ones that are emailed to me monthly and are given out if that's what you mean?

                          Our headed paper, cards, vans etc all had the limited word on them as well.

                          Thanks again

                          Comment


                          • #28
                            Re: Small claim court papers receive for a limited company

                            YIp he's just tried to use the court process to intimidate you into paying him , and knows the company is dissolved hence using the 'friend' card in his claim... don't worry you have a defence. Documents wouldn't need filing until you have defended - IF the claimant wants to proceed with his claim after that - they'd be submitted in disclosure/with witness statements further along.

                            I wonder actually if GBEXile knows, could any liability have shifted due to benken making a payment after the business stopped trading ( but before dissolution ) personally ? ( That £1200 benken - was that made from the company account or you personally ? )

                            personally £1k cash and £200 bank transfer from my private account
                            ok found it ( I don't believe it will matter an inch but if there could be an issue we can bring it up in the defence to squash anything - ie the harrassment you had to report to the police etc )
                            Last edited by Amethyst; 21st November 2017, 18:23:PM.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Re: Small claim court papers receive for a limited company

                              Thank you for your reply. He constantly texted me, dropping notes through my door and contacting my family and friends. I believe this is acting under duress?

                              Surely he couldn't turn up and say I didn't know they were limited and the judge would agree that is acceptable?

                              Thanks again

                              Comment


                              • #30
                                Re: Small claim court papers receive for a limited company

                                If you have the CIS vouchers then there is no way he can deny he wasnt paid by a limited company. The person who issued these (you or the accountant) would issue copies to the tradesmen would say quite clearly a limited company was paying them. All in black & white.

                                As for your van & business cards etc that is all irrelevant. Like I said before ANY correspondence to him with the limited company name is what you need. Then that is the end of the matter.

                                Its interesting that Amethyst mentions the transfer of liability due to you making subsequent personal payments. This could be an issue but like I said if you have any limited company correspondence then the Judge surely would look sympathetically on you for making an effort for him to recover some of his losses.

                                Sorry about the text..... Must have hit the wrong button.

                                The reason for my interest in your situation is I had to take a limited tradesperson to court once & their defence was they were a limited company & that limited company went bust.

                                All the Judge was really interested in was the proof available. Which in my case is that none of the correspondence indicated a limited company in fact the opposite.

                                The limited company was called "Joe Bloggs Limited" but I took to court "Joe Bloggs". I won because it was reasonable to assume I was dealing with Joe Bloggs & all the paper work from the introduction from his advert in the paper to his quote & receipt had no mention of the word "limited".

                                Well I won & he didnt like it. This is why you need those CIS receipts because it says in no uncertain terms that he is dealing with a limited company, got paid by a limited company & that limited company deducted National Insurance etc to give to the Government.

                                It is indisputable evidence.

                                Comment

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