Claim to now defunct company worried about personal liability

[KatherineR]

That defence needs to be rewritten. If your husband is denying personal liability he needs to make this clear - which the draft does not do with sufficient clarity. It needs to be made absolutely clear that any contract was between the claimant and H's company, and that H was in no way a party.
Also, H should not say things like "The contract which I signed on XXX ..." without making it clear that he was signing for the company.
You say services were to be provided on a "pro-rata" basis. In your first post you said "pro bono". Which is it?

Thank you that is extremely helpful. Pro-rata was a typo, it was offered pro-bono. Do you think I should still include the personal circumstances bit at the end if denying personal liability? Or is this no longer relevant? Should I say something along the lines of...


This claim form appears to be addressed both to "The Company" and to myself as an individual. The contract was between "The Claimant" and "The Company" with no personal liability clause, therefore I should not be addressed individually or pursued for payment.

My personal situation is that I am the sole provider for my family including two pre-school age children. My wife does not currently work and we are also separating so our costs will soon be increasing significantly. I have minimal savings and settling this amount personally would be cripalling for my family.

[atticus]

That 2nd para is better.

There is nothing wrong with the personal circumstances stuff, although isn't going to sway the judge's decision.

[KatherineR]

Thanks very much atticus

So with those changes does is sound ok, or is there anything else you'd suggest including? Is there anything else which might strengthen the case that it was purely a B2B contract?

And does the language sound ok? It is clearly not written by a lawyer! would that affect a judgement?

[atticus]

Q1. Can you attach a copy of the contract?

Q2. As long as you get your point across it does not have to look 'lawyered'.

look at the example defence on this site - you will need the formal court heading and to end with a 'statement of truth'.

[echat11]

Just remove the bit's that relate to CCA 1974.

https://legalbeagles.info/library/gu...-court-claims/

[KatherineR]

Hello again, nearly there I hope! I've attached a copy of the first page of the redacted contract which shows the two defendants. Am I right in assuming this is what it says?

Also, more straight forward question - which of the two numbers on the right is the claim no? The one starting FACT-FEE or the one starting J64?

Thanks again!
Katherine

[atticus]

The J64 number.

That is a Claim Form, not a contract. It shows 2 defendants - they have even been numbered!

[KatherineR]

Thank you Atticus