Civil case won

[Cpt Morgan]

Hello,

Unrelated to my previous post, I have won a civil case against a company that fitted (badly) my new bathroom.

The civil case has been won against the company but the director is refusing to pay. Now I understand directors are separate legal entities, but there was never a contract signed
so I am wondering without a contract if he becomes liable personally, especially given the failure to provide any documentation re to provide an agreed method for cancelling his 'contract'?

Any help much appreciated

[ostell]

Have you considered updating to the high court sheriffs?

[Cpt Morgan]

High Court Sheriffs are worthless even if a case is against someone they can pursue, but given what I have explained how do you think they can help?

[DE DOGS]

I beg to differ, they are from the High Court and will pursue the debt.

[R0b]

Hello,
I am wondering without a contract if he becomes liable personally, especially given the failure to provide any documentation re to provide an agreed method for cancelling his 'contract'?

Per the above question, the director never becomes personally liable to you. You issued a claim against the company and won your case, you cannot now decide to switch and choose to pursue the director personally because the company is not paying up.

You should have really sued the director personally claiming he was personally liable absent any contractual agreement with the company and then added the company as a second defendant as a fall back in case the claim against the director failed.

Think it would be very difficult for you to try and pursue the director personally because you have effectively admitted that, through your original claim, the contractual agreement was between yourself and the company. It would be an abuse of process unless you had a very good justification to now claim the contract was not with the company but the director personally and you run the risk of a costs order against you for any action taken.

[Cpt Morgan]

I beg to differ, they are from the High Court and will pursue the debt.

You clearly don't understand the process but thanks anyway.

[Cpt Morgan]

Per the above question, the director never becomes personally liable to you. You issued a claim against the company and won your case, you cannot now decide to switch and choose to pursue the director personally because the company is not paying up.

You should have really sued the director personally claiming he was personally liable absent any contractual agreement with the company and then added the company as a second defendant as a fall back in case the claim against the director failed.

Think it would be very difficult for you to try and pursue the director personally because you have effectively admitted that, through your original claim, the contractual agreement was between yourself and the company. It would be an abuse of process unless you had a very good justification to now claim the contract was not with the company but the director personally and you run the risk of a costs order against you for any action taken.

OK, I understand thanks, but think I will take the chance and pursue the claim directly with the director on the grounds that the initial claim was to prove the case in question which has now been won, but now the issue over the existence of a contract seals the deal to make the director personally liable.

[R0b]

As I said before, you can only pursue the claim against the named party on the initial claim form, and the director must have been named on the form at the very least.

Of course that is your prerogative and you've indicated your intention to do just that, but if that director had any common sense he would employ a lawyer to represent him and pursue a case against you, perhaps for harassment, wrongful interference with goods (if you employ bailiffs to recover goods) as well as any loss of business or revenue associated with your unlawful pursuit.

Best case, you might get away with it and the director pays you but worst case, you could be on the hook for a few hundred pounds if not in the low thousands in addition to any legal fees the director may have incurred as a result. I'm sure if the latter happens then you will complain that it is unfair and a complete injustice but you have been given fair warning that what you are going to do is not lawful.

Good luck.

[Cpt Morgan]

As I said before, you can only pursue the claim against the named party on the initial claim form, and the director must have been named on the form at the very least.

Of course that is your prerogative and you've indicated your intention to do just that, but if that director had any common sense he would employ a lawyer to represent him and pursue a case against you, perhaps for harassment, wrongful interference with goods (if you employ bailiffs to recover goods) as well as any loss of business or revenue associated with your unlawful pursuit.

Best case, you might get away with it and the director pays you but worst case, you could be on the hook for a few hundred pounds if not in the low thousands in addition to any legal fees the director may have incurred as a result. I'm sure if the latter happens then you will complain that it is unfair and a complete injustice but you have been given fair warning that what you are going to do is not lawful.

Good luck.

Hi, I won't be making any complaints, so please don't take that attitude. I would raise a new claim and pursue on the basis that a case has already been won against the company and as a result of no contract I am now pursuing the director, as he entered into what is effectively an unlawful contract, with no legal cancellation terms for example. Nothing illegal about that.

[R0b]

Sorry I'm not sure what you mean about making a complaint, there was no intended attitude in my last post rather just pointing out that what you are doing is not correct.

From what I understand of your initial post, you issued a claim against a company on the basis that said company poorly fitted a new bathroom. Regardless of the absence of a written contract or not (contracts do not need to be in writing of course), by issuing the claim against the company you made a representation to the court that you had a contractual relationship with the company not to mention you signed a statement of truth.

A director entering into a contract does so in his capacity on behalf of the company, not on a personal basis. If you issue a second claim against the director and your basis for doing so is not clear, but nevertheless is an abuse of process - the technical term being res judicata i.e. you cannot re-litigate something that has already been adjudged.

Like I said, it's your choice to pursue a new claim but you can't be surprised if there are financial repercussions.

[Cpt Morgan]

Sorry I'm not sure what you mean about making a complaint, there was no intended attitude in my last post rather just pointing out that what you are doing is not correct.

From what I understand of your initial post, you issued a claim against a company on the basis that said company poorly fitted a new bathroom. Regardless of the absence of a written contract or not (contracts do not need to be in writing of course), by issuing the claim against the company you made a representation to the court that you had a contractual relationship with the company not to mention you signed a statement of truth.

A director entering into a contract does so in his capacity on behalf of the company, not on a personal basis. If you issue a second claim against the director and your basis for doing so is not clear, but nevertheless is an abuse of process - the technical term being res judicata i.e. you cannot re-litigate something that has already been adjudged.

Like I said, it's your choice to pursue a new claim but you can't be surprised if there are financial repercussions.

Hi, thank you for your reply. I have subsequently (via an N316 application) found out that the director sold assets belonging to the company i.e. a works van, after he lost his case against me. Isn't this unlawful trading, i.e. he knew his company owed money and he sold company assets that he then used for himself, before paying associated company debts. Doesn't this now make him personally liable?