• 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.

Small claim

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

  • Small claim

    Hi,

    I recently won a small claim against a company for £6000, but the company is a Ltd company so the director is stating he doesn't owe the money the company does and therefore he is not liable, however with the contract that he signed is a clause making him personally liable for any company debts should the company not be able to pay.

    How do I therefore enforce the payment now from the director as he has stated the company can't or won't pay, as the small claim was won against the Ltd company which confuses the issue re any subsequent debt collection service, be this a bailiff or HCE?

    Cheers.
    Tags: None

  • #2
    The director is correct. If you issued a claim against the company who was a defendant, then your judgment is only effective against the company, not the director. You should have joined the director as a second defendant and then you could have enforced against either.

    Only option would be to issue a second claim against the director and rely on that clause but there could be a risk that you might not be successful. If the director was advised or represented, it could be argued that any second action is an abuse of process because you had the opportunity to pursue the director but decided to claim should against the company, not both. Another defence the director could make is res judicata, which is that the matter has already been adjudicated and you cannot then issue a second claim for the same action.
    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


    • #3
      Hi, thank you, could I not raise an N244 application to ask for the director to be added to the claim?

      Comment


      • #4
        Also the company address is different to the directors address but the small claims process does not provide for more than 1 address so how would I include both parties details?

        Comment


        • #5
          You can't add the director to a judgment after the fact, he has a right to defend himself. Once a judgment is given, that is the end of the game unless the judgment is appealed.

          I think you are confusing the small claims track with the process for issuing claims. There is no such thing as a small claims process, rather County Courts allocate claims to a particular track depending on a number of factors. Most claims under £10,000 are allocated to the small claims track where some of the normal rules don't apply and legal costs are severely limited.

          There's a couple of methods for issuing county court claims: Money Claims Online, using the N1 claim form or more recently, the Online Civil Claims pilot scheme. Money Claims allows you to add two defendants but no more, and if I recall different addresses can be added. N1 Claim form you can add as many defendants and addresses as you like but I believe for the pilot scheme you can only issue a claim against one defendant.

          However, all of the above is irrelevant since you've already obtained one judgment, so as I mentioned in an earlier post, your only other option would be to issue a fresh claim against the director, with reference to that clause that makes him personally liable.
          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


          • #6
            Okay

            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
            1 of 2 < >

            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
            2 of 2 < >

            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