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

[R0b]

Re: Small claim court papers receive for a limited company

Hi Benken,

Following your PM, I've uploaded a basis example defence of how you might set it out.

The contractor has issued a claim so it will go ahead until he either discontinues or it goes to a hearing and loses.

You will need to fill in any gaps and adapt to suit your case.

[benken28]

Re: Small claim court papers receive for a limited company

That's great thanks, do I need to put I did not receive a final demands letter etc?

[R0b]

Re: Small claim court papers receive for a limited company

Insert whatever you feel is necessary to your defence. Obviously the most important evidence and information you need to include is documentation or correspondence which proves that the contract was not entered into you personally but for and on behalf of the company. I've defined the company as "the Company" but you could change this to a shortened version of the company name if you wish to make it easier.

If you have a stab at it and then copy and paste a draft version we can comment on it and add any pointers.

[GBExile]

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?

He wasnt a subcontractor to the limited company. He was a contractor. You instructed him directly.

[GBExile]

Re: Small claim court papers receive for a limited company

I wouldn't say the company was deserted

Yes it was. I have run 5 companies & know exactly what you & your partner did.


You did not declare your debts & let the company ride on until you got a gazette listing because you never filed returns to Companies House & then the HMRC objected to the strike off to because you never filed (paid) your PAYE & NI obligations to them either.

When you go to court. The Judge will have a laptop in front of them & they will have access to more information than you can believe. In fact, the moment you walk in the door they will have done all the research.

CIS Forms. You have no more evidence. You have no quotes/acceptance letters/bids. You did not run a company. It seems it was a personal endeavour/vanity project for you & the co-defendant.

And the first thing that the Judge will look at is when you instructed your contractor to do this £4,000 job & compare it to the dates you were defaulting on your company filing/financial obligations to the Government.

Oh & if the judge finds that you were indeed instructing people to do work for you when you were in a position to know that you could not afford it???!!! That would be special bad for you & your mate.

Do you now see how easy it is to pick fault. Do not wind this person up who is owed £4k.

Do you see how easy it is to tear someone apart given the information? I will tell you again. I would beat you. Hopefully you will learn quick.


Its not "me" "us""him"... Its "the company". Use the info you have & be quiet about the rest.

Has he got any mates that said the job was off the books/company?

Did you ever pay his CIS deductions to HMRC? Yes? No?

Or did you keep all of those National Insurance contributions to line your pockets?

I take it you never were VAT registered & if you were then you at least paid them to the Government else you would/will probably be in jail sooner or later.

& you want to wind & antagonise a guy up who is owed £4000?

Best of luck with that. Lets hope he is not informed.

Oh. & if you do not understand the above then never be involved in a limited company ever again.

Because my friend its only "limited liability" if you do the right thing.

Be humble. If you know what that means, You did not just owe this man money but you also owed HMRC.

Keep in mind you are a Director so obviously the records of the company should be able to find & you have kept for the last 6 years & will be very easy for you to find... Because its your "personal" obligation to keep them.


Correct me on anything you want.. But I know you can not.

[benken28]

Re: Small claim court papers receive for a limited company

Please can you explain how I am winding this person up?

The job was more than £4k. When we ceased trading he got paid £6k followed by £1200 a few months after leaving £2800 not £4k.

We didn't line our pickets far from it I sold everything I could to keep the company going and put every penny I earned into it to the point where I couldnt feed myself

Our accountant has all of our records on file and we didn't have trouble paying HMRC until after we ceased trading which is way after he was instructed

[benken28]

Re: Small claim court papers receive for a limited company

Please can you explain how I am winding this person up?

The job was more than £4k. When we ceased trading he got paid £6k followed by £1200 a few months after leaving £2800 not £4k.

We didn't line our pickets far from it I sold everything I could to keep the company going and put every penny I earned into it to the point where I couldnt feed myself

Our accountant has all of our records on file and we didn't have trouble paying HMRC until after we ceased trading which is way after he was instructed

[GBExile]

Re: Small claim court papers receive for a limited company

Please can you explain how I am winding this person up?

The job was more than £4k. When we ceased trading he got paid £6k followed by £1200 a few months after leaving £2800 not £4k.

We didn't line our pickets far from it I sold everything I could to keep the company going and put every penny I earned into it to the point where I couldnt feed myself

Our accountant has all of our records on file and we didn't have trouble paying HMRC until after we ceased trading which is way after he was instructed

As a director of the company you would know if you paid all your obligations to HMRC

I can tell you now that you did not do that hence the manner that your company was struck off.

Like I said, You should know all this stuff & you should certainly know if the claimant had his National Insurance paid to HMRC or not?

The very fact you avoid these issues just confirms the fact that you were not operating a legitimate company.

All this information is free to get & like I said... Why would you intimidate someone who "your company" (mmm joke of a company) owes £4k to?

Please keep in mind HOW YOU GOT STRUCK OFF THE COMPANIES REGISTER

[benken28]

Re: Small claim court papers receive for a limited company

I have also not received an invoice from him, a final demands or a letter before action just threatening text messages which I still have and will make this point to the judge if I ever sit before him

[benken28]

Re: Small claim court papers receive for a limited company

Intimidate?

- - - Updated - - -

Please explain

[GBExile]

Re: Small claim court papers receive for a limited company

Intimidate?

- - - Updated - - -

Please explain

Seriously mate???

You directed the limited company. The limited company should keep solid records & keep them for 6 years.

It is a directors responsibility to ensure all trading has a proper traceable record.

You didnt do that. Serious mate. Unless you get that concept then either you are taking the mick or need to stay away from ever being involved with a limited company ever again.

PS. Your accountant can say whatever they want. They are not liable.

PPS Who hasnt received the invoice? You or the company? (you still do not get it??!!)

[benken28]

Re: Small claim court papers receive for a limited company

We have all the records in folders. My account has all the HMRC side of things which he has forwarded to me so I'm not sure why you say I haven't got the information.

I am saying that no-one has received the invoice myself or the company. I talk about myself as separate to the company as it is myself that has had a claim issued against me NOT the company

[wales01man]

Re: Small claim court papers receive for a limited company

GBexile is correct the other side and the judge may well do as he states make sure you are watertight all round may seem straightforward for a win but having been on LB for a time rest assured some cases fail in court

[GBExile]

Re: Small claim court papers receive for a limited company

GBexile is correct the other side and the judge may well do as he states make sure you are watertight all round may seem straightforward for a win but having been on LB for a time rest assured some cases fail in court

Thank you very much.

I have felt very isolated on this thread for telling it how it is. But I actually know what I am saying & I am the only one saying it.

I actually felt guilty by telling the OP how I would win it.

[benken28]

Re: Small claim court papers receive for a limited company

Ok I understand but I have CIS vouchers dated a couple of years before we ceased trading that were issued to him from the company so surely that is enough evidence it is the company rather than me?