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

[benken28]

Re: Small claim court papers receive for a limited company

Thank you for your reply.

My opinion is that he is trying to "sneak around the back" he fully understood the situation. I haven't had any pre court letters or final demands or for that matter an invoice. It has all been strong text messages and calling my friends and sister to tell them to get me to call him as i owe him money.

Thanks again

[GBExile]

Re: Small claim court papers receive for a limited company

I get what you are saying but your thoughts are not proof.

Also the Judge will be aware of many many people that have tried to hide their personal debts behind the fact a limited company has folded. Its quite common for directors to trade as an individual as well as via a limited company. Because of this is also quite common for them to use the limited company get out of jail free card for debts established as an individual.

Best of luck & get a copy of those CIS receipts.

[benken28]

Re: Small claim court papers receive for a limited company

Thank you for your reply. I understand now what you are saying, I have found the vouchers and they all have the company details in full.

Thanks again

[GBExile]

Re: Small claim court papers receive for a limited company

Supercool.

Now he cannot deny receiving & accepting money from the limited company & having an historic relationship with the limited company, which will make his claim almost impossible to win. Unless he can produce evidence that you or your partner instructed him as individuals for this unpaid job. Which you say he will not be able to do. Job done at this stage.

[benken28]

Re: Small claim court papers receive for a limited company

Thank you for your replies.

If I enter my defence and he decides to take it further would there be a large cost to bring it to Court? I have tried to find me the information online but my computer skills aren't the best!

[GBExile]

Re: Small claim court papers receive for a limited company

Benken. If you defend & win a case then all you pay for is the petrol & parking to get to the court

[Guest]

Re: Small claim court papers receive for a limited company

Benken. If you defend & win a case then all you pay for is the petrol & parking to get to the court

As a small Limited company owner / director I am following this case with considerable interest.
Despite the cynical comments of some, I would say that the main reason that people use the Limited Company is to reduce personal liability, not to evade paying.

[GBExile]

Re: Small claim court papers receive for a limited company

As a small Limited company owner / director I am following this case with considerable interest.
Despite the cynical comments of some, I would say that the main reason that people use the Limited Company is to reduce personal liability, not to evade paying.

Of course it is to reduce personal liability. But there is a big difference between the words cynical & realistic.

It happens every day across the UK & it is extremely common & I challenge you to find any lawyer or Judge to say any different.

[benken28]

Re: Small claim court papers receive for a limited company

With regards to the costs what I mean is when he receives my defence what would be the cost to go to the next stage for him?

Thanks again

[benken28]

Re: Small claim court papers receive for a limited company

I was giving this case a lot of thought last night and I wondered if this could be seen as further harassment, does anyone have an opinion on this?

Thanks

[GBExile]

Re: Small claim court papers receive for a limited company

I was giving this case a lot of thought last night and I wondered if this could be seen as further harassment, does anyone have an opinion on this?

Thanks

Not sure about fees.

As for harassment, that will not interfere with the case going ahead. You could put in a counter claim or call the police or both.

1) A counter claim of harassment will cost you time & money that you are unlikely to get back because you would have to prove the case was brought maliciously. Which I doubt you could.

2) The police will not interfere with the moneyclaim.

The man has been told to stay away & not harass you (probably by a Police Information Notice). Bringing a civil case against someone for money owed is unlikely to regarded as harassment. In fact you will probably find that whilst he was bleating his excuses to the police about his conduct towards you.... They probably told him to take you to court to resolve the issue.

[benken28]

Re: Small claim court papers receive for a limited company

That's great thanks for your reply.

With my defence would it be quite short as in he was employed as a sub contactor by the limited company, had CIS vouchers from the company so is a company debt which is now dissolved.

Also would he be able to try to claim again if he is unsuccessful?

[benken28]

Re: Small claim court papers receive for a limited company

Hi

I have been trying to research what the stages of a small claims arr.

When I file my defence the court and claimant receive a copy, what happens then? Does the claimant decide if he wants to carry on with the claim or does it automatically carry on?

Thank you

[GBExile]

Re: Small claim court papers receive for a limited company

Hi Benken.

It basically works like this.. You do your bit, they do there bit & you do your bit again. etc etc If at any stage either party doesnt do anything then they lose by default. You get notifications from the court with forms & deadlines.

So yes. They have to reply to the court within however many days it says on the court instructions they receive next. I think its 28 days at this point from the day the court received your defence. They would have had a letter from the court by now (if not it will be in the post to them).

I think you are worrying a bit too much mate. You have a strong defence with the CIS evidence & save your worrying until you get the next letter. Just remember to open all your post & if you havent heard anything after 26 days chase it up or look or login into the case on moneyclaim online site.

[benken28]

Re: Small claim court papers receive for a limited company

Thank you for your reassurance.

If he receives my defence and realises his bullying game isn't working and it looks like it will swing in my favour then does nothing would that be it then?

Thanks again