Solaris Law help with barclaycard

[beadles2025]

Hi all,

I’m looking for some advice on a County Court claim.

Background:
Solaris Law are acting for Azzurro Associates Ltd, who say they bought an old Barclaycard Business credit account that was in the name of my company,

The balance claimed is around £15,000. The account was originally opened by my late father, who was the director at the time. After he passed away, I became the director and a few payments were made from the company in 2021, but the business has been dormant ever since.

What’s happened:

• Solaris / Azzurro issued a County Court claim against the company.
• I filed a defence, saying I have no knowledge of the original agreement and have asked for:
  • A copy of the credit agreement
  • A statement of account
  • Proof that the debt is actually in the company’s name.

Their response:
Solaris say they dont have the original signed credit agreement, but they can show that the company had an agreement with Barclaycard because:

• The card was used, and
• Payments were made up to 2021.

They’ve also offered a Tomlin Order to settle the balance by 36 monthly payments of £417.61 (total £15,033.86), which they say will stop a CCJ being issued against the company — but if the agreement is breached, they can get judgment straight away.

My concerns:

• xxx Ltd is dormant and has no assets or income.
• I never signed any agreement personally.
• My home is not the registered address of the company so this is good.
• What worries me most is the worst-case scenario:
  • It goes to court,
  • They win,
  • A CCJ is issued against the company,
  • Bailiffs are instructed… then what happens next?

I’m trying to understand what the actual risk is to me personally and what steps I should be taking now. Any legal or procedural guidance would be greatly appreciated — especially from anyone familiar with business credit claims, Barclaycard commercial accounts, or Tomlin Orders.

Thanks,

[atticus]

You say nothing to suggest that you have any personal liability. Is there any possibility that you have given a personal guarantee?

What is the company's registered address? Its business premises, or something else such as accountant's office?

The first thing you should do is tell Barclaycard that the company has ceased trading.

What does the company that holds a registered charge over your company say about this?


I have asked admin to remove the company name as you can be easily identified (I have just done this when digging into company information).

[beadles2025]

I have no personal liability, it was signed by my late father but they cant produce the agreement they have told me.

No personal gurantee

The company address is a virtual office address

Barclaycard no longer own the debt, Azzurro Associates Ltd have purchased this, do i tell them or Barclaycard?

The registered charge people are fine as they hold a charge on my property also but all sorted.

Sorry re company name ! thank you so much for removing

[atticus]

tell Azzurro.

[beadles2025]

Ok ill tell Azzurro, i have explained this to Solaris but they dont seem to be bothered.


If Azzurro ignore and carry on with proceeding to court, i should let it play out to court ?

Thanks for your help

[atticus]

What else would you do (other than "let it play out to court"?) How would you prevent that from happening?

Do you understand that, based on the information you have given, action can only be taken against the company and its assets, such as they may be, which anyway appear to be fully charged elsewhere?

[beadles2025]

Ok understood.

[create one]

Who is at risk

• Since the debt is claimed in the company’s name, liability is normally limited to the company.
• Directors are generally not personally liable for company debts unless:
  • You personally signed a guarantee.
  • There was fraud or wrongful trading.
• If your home isn’t the registered company address and you didn’t provide personal guarantees, your personal assets are usually safe.

---

The current claim

• Solaris Law / Azzurro Associates are pursuing £15,000 allegedly owed by your company.
• You’ve filed a defence requesting:
  • Copy of the credit agreement.
  • Statement of account.
  • Proof the debt belongs to the company.

⚠️ Important: They admitted no original signed agreement exists, which could weaken their case.

---

Tomlin Order offer

• They propose 36 monthly payments of £417.61 to settle (£15,033.86 total).
• Pros:
  • Avoids an immediate CCJ.
  • Settles the matter formally.
• Cons / Risks:
  • Breach of payment terms allows them to enforce judgment immediately.
  • Your company may not realistically be able to maintain payments (as it’s dormant).
  • It doesn’t absolve the company from potential disputes about the original debt.

⚠️ If the company cannot pay, entering a Tomlin Order could be risky.

---

Worst-case scenario

If the case goes to court and the claim succeeds:

1. A CCJ will be issued against the company, not you personally.
2. Enforcement options could include:
   • Warrant of control / bailiffs for company assets.
   • Attachment of earnings only applies if the company pays salaries.
3. Since the company is dormant with no assets:
   • Bailiffs likely cannot seize anything meaningful.
   • The debt remains on the company’s record.
4. Personal risk is minimal, unless:
   • You signed a personal guarantee.
   • There was any fraudulent behaviour.

---

Recommended steps

1. Do not ignore the claim — keep engaging via the defence.
2. Request evidence:
   • Account opening documents.
   • Statements showing transactions.
   • Proof the debt belongs to the company.
3. Consider legal advice from a commercial or insolvency lawyer:
   • They can review your company’s situation.
   • Advise whether to accept, reject, or counter the Tomlin Order.
4. Prepare company records:
   • Show it’s dormant and has no income/assets.
5. Document everything — email correspondence, payments made, defence filings.

---

Key points

• Personal liability: Very low if no personal guarantee.
• CCJ against company: Could happen, but with a dormant company, practical enforcement is limited.
• Tomlin Order: Useful only if the company can actually make payments; otherwise, may expose you to faster enforcement.
• Legal advice: Strongly recommended — especially to challenge claim due to lack of original agreement.

[create one]

Hi all,

I’m looking for some advice on a County Court claim.

Background:
Solaris Law are acting for Azzurro Associates Ltd, who say they bought an old Barclaycard Business credit account that was in the name of my company,

The balance claimed is around £15,000. The account was originally opened by my late father, who was the director at the time. After he passed away, I became the director and a few payments were made from the company in 2021, but the business has been dormant ever since.

What’s happened:

• Solaris / Azzurro issued a County Court claim against the company.
• I filed a defence, saying I have no knowledge of the original agreement and have asked for:
  • A copy of the credit agreement
  • A statement of account
  • Proof that the debt is actually in the company’s name.

Their response:
Solaris say they dont have the original signed credit agreement, but they can show that the company had an agreement with Barclaycard because:

• The card was used, and
• Payments were made up to 2021.

They’ve also offered a Tomlin Order to settle the balance by 36 monthly payments of £417.61 (total £15,033.86), which they say will stop a CCJ being issued against the company — but if the agreement is breached, they can get judgment straight away.

My concerns:

• xxx Ltd is dormant and has no assets or income.
• I never signed any agreement personally.
• My home is not the registered address of the company so this is good.
• What worries me most is the worst-case scenario:
  • It goes to court,
  • They win,
  • A CCJ is issued against the company,
  • Bailiffs are instructed… then what happens next?

I’m trying to understand what the actual risk is to me personally and what steps I should be taking now. Any legal or procedural guidance would be greatly appreciated — especially from anyone familiar with business credit claims, Barclaycard commercial accounts, or Tomlin Orders.

Thanks,

I am writing in connection with the above claim. To properly consider your case, I formally request the following:

1. A copy of the original credit agreement for the Barclaycard Business account in the name of [Company Name].
2. A full statement of account showing all transactions, payments, and balances.
3. Any documentation proving that the debt is legally owed by the company.

As previously indicated, I have no personal knowledge of the original agreement, and no signed copy has been provided. Please provide these documents at your earliest convenience so that I can properly review the claim.

Thank you for your attention to this matter.

[create one]

You say nothing to suggest that you have any personal liability. Is there any possibility that you have given a personal guarantee?

What is the company's registered address? Its business premises, or something else such as accountant's office?

The first thing you should do is tell Barclaycard that the company has ceased trading.

What does the company that holds a registered charge over your company say about this?


I have asked admin to remove the company name as you can be easily identified (I have just done this when digging into company information).

GUYS STOP....STOP..

This response from Azzurro is very important, and it actually helps your defence.

I’ll explain clearly: Key point

Azzurro are the claimant in the County Court claim.
They issued the claim, so they must prove it.

It is not your job to chase Barclays for documents.

Them telling you “you need to ask Barclays” is basically admitting:

• They do not possess the agreement, and
• They cannot currently prove the debt.

In legal terms, this is a failure of disclosure.

---

Why this matters in court

Under the Civil Procedure Rules (CPR):

• CPR 16.4 – the claimant must prove the facts they rely on.
• CPR 31.14 – you may request documents mentioned in the Particulars of Claim.
• CPR 7.3 & 7.8 – the claim must have a valid basis.
• CPR 32.2 – evidence must be produced.

If they can’t produce the agreement or documents, the court cannot simply accept their word.

A business cannot sue another party and then say:

“You go find the evidence for us.”

---

A critical question to ask

What evidence did Azzurro rely on when they purchased the debt?

If they paid money for the account, they must have:

• a data file from Barclays,
• terms, conditions, statements,
• at least some documents.

If they have nothing, the claim has serious issues.

---

Strategy for you

Your reply should be firm but calm and factual.

You do not go to Barclays.
You push this back onto Azzurro/Solaris.

---

Suggested response you can send

Subject: Request for Documents – County Court Claim

Dear Solaris Law,

Thank you for your message.

As the claimant in these proceedings, Azzurro Associates Ltd is required to provide evidence in support of the claim.

I note your statement that you do not have a copy of the agreement and that I should request this from Barclaycard. However, the burden of proof rests with the claimant. I am therefore expecting Azzurro Associates Ltd to provide:

1. Evidence of the original agreement/application.
2. The relevant terms and conditions in force at the time of opening.
3. A full statement of account.
4. Notice of Assignment.
5. Deed of Assignment (redacted as necessary).

Until such documentation is provided, I am unable to properly consider your position or any settlement proposal.

[atticus]

Thank you for that patronising bit of AI generated stuff that appears to miss the main points.