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

**GBExile** · 17th November 2017, 01:17:AM

Re: Small claim court papers receive for a limited company

When he sent you the invoices what name did he put on them? Was the limited company name on there or not? When you wound up the limited company was he listed as a debtor or not?

**benken28** · 17th November 2017, 07:06:AM

Re: Small claim court papers receive for a limited company

Hi

Thank you for your reply.

He never actually sent an invoice. It was all verbal and through text messages. His CIS tax was stopped by us as a limited company and vouchers issued in the company name.

The company wasn't wound up but struck off and dissolved by companies house.

Thanks again

**ostell** · 17th November 2017, 08:48:AM

Re: Small claim court papers receive for a limited company

So he is issuing the claim against the wrong person. Did he not realise realise that you were operating as a limited company? I would be tempted to send him a copy of your page on the Companies House site showing the company dissolved, without making further comment.

But acknowledge the claim on line now to give you the 33 days from issue date to provide a defence.

**Amethyst** · 17th November 2017, 09:26:AM

Re: Small claim court papers receive for a limited company

Could you post a copy of the particulars of claim from the court forms ( remove identifying information ) ? Has he sent full particulars or said they'll be sent separately ? Is the claim issued via Northampton County Court Business Centre ?

As you were a limited company any debt the company owed to him died with the company when it was dissolved. It sounds like he had plenty of opportunity to object to the strike off and didn't.

https://www.gov.uk/claiming-money-or...solved-company

**benken28** · 17th November 2017, 11:01:AM

Re: Small claim court papers receive for a limited company

Hi

Thank you you for your reply. The claim was from Northampton.

He has filled in the particulars of the claim that state he carried out work for us (company name without Ltd at the end) and the customer is happy with the work so doesn't understand why he wasn't paid.

He fully understood the situation so I'm not sure why he has said this.

For my defence would i just explain the situation that we were limited and have been dissolved etc?

Thank you again

**wales01man** · 17th November 2017, 11:31:AM

Re: Small claim court papers receive for a limited company

Were invoices from him previously paid with LTD company funds cheque or bank transfer?

**benken28** · 17th November 2017, 11:46:AM

Re: Small claim court papers receive for a limited company

Thank you for your reply. Every payment he received was a transfer from the ltd company bank account.

The only other time he got money was after we ceased trading from me personally £1k cash and £200 bank transfer from my private account as he was putting me under immense pressure by contacting my friends and family, putting notes through my door and texting me to say he would turn up at my house to speak to my wife who wasnt involved with tge company

Thanks again for your reply

**benken28** · 17th November 2017, 11:55:AM

Re: Small claim court papers receive for a limited company

I did contact the police as I found it too much and they agreed it was harassment. I told him I had contacted the police and to please not contact me again and also stated the situation of the limited company.

I didn't proceed with my complaint but told him if it happens again I will follow through with it

**benken28** · 17th November 2017, 12:03:PM

Re: Small claim court papers receive for a limited company

I'm not sure if it's worth mentioning but the companies registered address was my business partners house and he has served the papers to that address (he no longer lives there) as well as my own personal address.

I also didn't receive any letters saying he intended to take me to a small claims court.

**Amethyst** · 17th November 2017, 12:06:PM

Re: Small claim court papers receive for a limited company

I'd acknowledge the claim for now while you sort out your defence - you should be able to do that through Moneyclaim online - just acknowledge with intent to defend in full - you don't put any reasons in there at the moment. This extends the time you have to file your defence to 28 days from service of the claim

It sounds like you did everything you could after the company failed - well above and beyond what was necessary - and this contractor is trying to take advantage of your decency, trying it on to intimidate you to paying him. He may be struggling too but that's no excuse to behave the way he has done against you, at all.

If you could type out the particulars of claim it would be helpful.

You could apply to strike out the claim on the grounds it is an abuse of process ( he is well aware the company is dissolved or he would have made the claim against the company not the ex-directors ) and he has no reasonable prospect of success - but as it is a small claim you could simply defend on the same grounds - ie that the claim has been brought against the wrong party, that the ltd company was dissolved on xxx etc ...

Has he accounted for the £1200 you paid him or claiming the full £4k ?

I don't know how the CIS Tax thing works but your defence doesn't rely on it ( unless somehow you paid that personally ?)

**benken28** · 17th November 2017, 12:18:PM

Re: Small claim court papers receive for a limited company

Thank you for your reply.

I don't want it to look like I'm telling a sob story as there are no winners but I was paying every penny I had to people that were owed and didn't have a penny to my name which has in turn damaged my credit score severely as I could pay my own bills ang got defaults on my accounts (credit cards etc)

I will type out the particulars soon. The CIS scheme is where you stop 20% of the contractors Labour fee and pay it to HMRC.

He has accounted for the £1200 I paid him I didn't get receipts though.

Thank you again

**Amethyst** · 17th November 2017, 12:22:PM

Re: Small claim court papers receive for a limited company

Good, he's not trying to rip you off then, just trying every which way to get the original invoice paid, sadly though he'll have to take the hit, just like you did when you didn't get paid. I bet you didn't start an abuse and harrasment campaign against those companies family and friends. He's in the wrong and you have every right to defend yourself so do not be feeling bad about it.

**GBExile** · 18th November 2017, 04:21:AM

Re: Small claim court papers receive for a limited company

"It sounds like he had plenty of opportunity to object to the strike off and didn't."

-----

How would he know or be able to object to a strike off? Companies House strike offs are mostly due to non-filing. Therefore the claimant would have been unaware because no debtors list was logged.

In fact the only people that mostly postpone a strike off are Inland Revenue or Customs & Excise because they haven't been receiving documents either.

**benken28** · 20th November 2017, 10:16:AM

Re: Small claim court papers receive for a limited company

Particulars of Claim

I'm claiming for plumbing and heating work carried out on behalf of surname and surname at address of site.

The invoice was a total of £5000 of which £1200 was paid to me. As far as I am concerned there isn't any reason why the outstanding amount hasn't been paid.
I still service the fire and boiler within the above house for the customer who is happy with the plumbing work completed

After nearly 3 years of waiting for a friend to pay me I've decided to try and receive my money
The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 13/12/2017 on £2800 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £10

- - - Updated - - -

The above are the particulars of claim.

Our company was surname and surname building services limited. He has referred to us as just surname and surname.

I will enter an acknowledgement today and will decent the case. He has the maths wrong on the sum owed but my main point is it was a limited company.

Thank you everyone so far in dealing with this matter

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