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

[jaguarsuk]

JAGUARSUK just out of interest what is that exactly?

thanks

When you file your defence you can counterclaim against the defendant, so ask the court to award you a judgement.

As the invoice was a company debt and not a personal debt you paid the money personally mistakenly believing you should settle the debt personally as you didn't know the debt died with the company. The law allows you to recover that money as you were labouring under a mistake of fact or working not knowing your true legal rights in normal terms.

Essentially the other party has received money from you personally they shouldn't have and you could have claimed it back.

You still could if you claim against the other party, however there are fees of £195 to take it all the way to a hearing and there is never a guarantee you will win.

His defence if he researches properly or seeks legal advice could be that he was expecting that money and had no reason to believe he wasn't entitled to it which can be backed by case precedent although he didn't for his claim against you.

Only you know what your best course of action is and sometimes it's better to just chalk things up to experience.

[GBExile]

When you file your defence you can counterclaim against the defendant, so ask the court to award you a judgement.

As the invoice was a company debt and not a personal debt you paid the money personally mistakenly believing you should settle the debt personally as you didn't know the debt died with the company. The law allows you to recover that money as you were labouring under a mistake of fact or working not knowing your true legal rights in normal terms.

I extremely doubt he would have won that & probably would have been laughed at or had a stern stare at by a judge.

Think about it. His defence was he knows the debt is not a personal debt so therefore shouldnt have to pay. He wasnt mistakenly believing anything & to suggest so would be misleading the court (at best).

In any case, as director of a limited company you are supposed to know how limited companies work & the limited personal liabilities that go with it.

And also its not even worth thinking about because the time to mention it was months ago.

[benken28]

Thank you both.

the thing is I knew it was a company debt and told him I would compensate him where I could so i wouldn't like to claim for something I'm not entitled to.

I will defiantly put it behind me now!

thank you to everyone again who has advised me

[jaguarsuk]

Thank you both.

the thing is I knew it was a company debt and told him I would compensate him where I could so i wouldn't like to claim for something I'm not entitled to.

I will defiantly put it behind me now!

thank you to everyone again who has advised me

Sometimes that's for the best and I personally have done the same in a case this year.