Court claim

[richcufc]

Hi,

I have received a court summons against myself for an unpaid invoice relating to the limited company I work for. I did order the service in question on behalf of my employer.

I have contacted the firm involved and advised them that

1. The order was placed on behalf of my employer.
2. This is a limited company of which I am not a shareholder.

They have acknowledged my information but stated they will continue the action as I placed the order.

I have checked the invoice and it is addressed to me at the company address and includes the company name.

Any ideas on what I should do? Do I file a defence or can I get this action removed as I am not the liable party?

Any help gratefully received.

Thanks,

[WendyB]

Re: Court claim

Have you spoken to your employer about this? Easiest thing would be for them to pay up, I suppose. But if that is not going to happen, then we'll have to look into what you do next. i personally raise orders all the time and sign them on behalf of my employer, can't believe that this is legal for them to persue you.

Was the Purchase Order aised on official company PO, letterheads etc? Is the invoice addressed to the company?

My first thought would be that you are not the legal entity who has received the goods/service which has not been paid for, so they are barking up the wrong tree. So you could probably acknowledge the claim by saying that the debt does not relate to you personally etc and they should reissue, but will look into it and come back to you later.

Although if anyone else can answer this before me please do as I'm at work with directors peering over my shoulder.....

[richcufc]

Re: Court claim

The invoice is addressed to the company and includes my name.

All e-mails relating to the order were sent from my work e-mail.

[richcufc]

Re: Court claim

bump

[Paule]

Re: Court claim

bump

This is the main question that needs an answer

Have you spoken to your employer about this?

Also I am confused as to how you recieved the sumons? Can you expand on this.
Was it to you personally? or the comapny
What address did it goto.

The simpliest answer I can give at present is that, as you were the contact it simply has your name on it as an agent of your employer.
If these were company goods, give it to your employer or at least make them a joint defendant in the case.

What is your postion in the company?

[Mochamoo]

Re: Court claim

How much was the invoice for and how much are taking you to court for?
Have you spoken to the owners of the company?
What is the date on the invoice?

Also being a limited company no person has any financial liability even the shareholders therfore they should be taking the company to court not an individual.

I would write them a formal letter sent recorded delivery stating that you are not responsible the debt you are just an employee, the company is a limited company therfore it should be sent to your payments department or to the owners of the company.

Keep everything in writting and recorded delivery you many need the paper trail later.

Do you know if they have tried to collect the debt previously? My friend used to be a credit controller and they had to call a certain amount of times, write to the company a certain amount of times then it would get refered to legal. This was the same in all the companies she worked for.

[richcufc]

Re: Court claim

The summons was sent to the company office but in my name with the company name deleted. I am the Associate Managing Director.

Invoice is for £161.56, Late payment chargs have now made this £337.81. Invoice was dated 5th August and the firm have chased the outstanding amount on various occassions.

[Paule]

Re: Court claim

Again, What is YOUR company doing about this?

Surely as Associate Managing Director you must be able to get this invoice paid off.
Why hasnt your cpomapny paid the inovice? Was there a problem with the goods?

[richcufc]

Re: Court claim

Company will be paying but probably not until the new year. I have advised the firm of this but they wish to continue with the action.

I don't want to go down the lines of what the firm is doing just trying to remove myself from the proceedings.

[Paule]

Re: Court claim

Have you actually got a Court summons or just the threat of it?
If you have a summons when is it dated, when do you need to acknowledge by.

Have you talked to your company solicitor regarding this?

[richcufc]

Re: Court claim

Had the summons and firstly advised the firm they should issue proceedings against the fiorm.

Man at the firm was so not understanding when I called and said the proceedings will continue so to protect myself I have a filed a defence on the basis the debt is not against me and confirmed this by way of the invoice.

[Paule]

Re: Court claim

Can you scan or type out the Particulars of the Claim please