Director of bankrupt company trying to get money privately - is that right?

**des8** · 29th July 2018, 20:32:PM

I think you will need to post up the particulars of claim if you have received court papers and also give us more details of the background

**missetoile** · 29th July 2018, 20:44:PM

The intial claim was very basic: the claimant had filed a money claim using no postal address and the email address of a different company (I think he might have started trading under a different name). I contested it, saying this was not proper as I had no dealings with this company.
I have now received a Directions Questionnaire (possible Small Claims Track), which he filled in with his personal postal address.
So, how can he as a private individual take me to court for an invoice from a company that no longer exists? The company was wound up because of more than £20k VAT debt.
Thank you for your input!

**des8** · 29th July 2018, 21:17:PM

He shouldn't.
As you have received a Directions Questionnaire you have already filed your defence.
Without seeing the claim, your defence and knowing the full circumstances advising you is going to be difficult

What proof do you have that your contract was with a company?
Was that a limited company, or was it Joe Bloggs trading as "Building Company"

**missetoile** · 30th July 2018, 07:58:AM

I found his company on the boiler manufacturer's website - it was the company listed, not the individual. And also, the invoice is by the company. Does that help?

**Amethyst** · 30th July 2018, 08:03:AM

Could you post the claim and the defence you entered pls.

The claim should be from the company, and if the company is in liquidation/bankrupt then it should be the liquidators/administrators chasing the debts, to pay the company's creditors NOT one of the directors personally.

**missetoile** · 30th July 2018, 08:33:AM

Oh great! I don't want to post the original forms on this somewhat open forum - hope you understand. But I greatly appreciate your help with this!
Thank you!!

**Amethyst** · 30th July 2018, 08:39:AM

Okay, can you post your defence, generally, or say exactly what it said leaving out identifying details. Really it should be an application to strike out the claim as having no prospect of success due to having been brought by the wrong party, but that's a £255 court fee - so if this is small claims ( ie under £10k ) you can leave it to go to the hearing after being allocated ( although the Judge may well give directions before that point leading to it being struck out ) - but if it is over £10k then an application is probably the better way to deal with it.

Have you received your directions questionnaire from the court and have you returned it ( and sent the claimant a copy )?

( Did they give an address for documents ? or just the address on their DQ ? )

Director of bankrupt company trying to get money privately - is that right?