Got personal SD today for companies debt

[winnie-uk]

Received SD today from our Landlord. Our company owes him rent money fro 2 months.
Original Licence Agreement was issued to Peter X (myself) and John X (my business partner) trading as "PSource Ltd".

1) Why landlord is serving SD only to me personally (SD has my home address and my name/surname on it)?
2) We are still occupying premises and due to move out end of the month (as stated in original agreement) - can he still serve SD?
3) Upon asking question 1 to Landlord i got answer - first we will chase you for whole debt, if you dont pay - we go after your business partner..

Thank you in advance,

[FlamingParrot]

Re: Got personal SD today for companies debt

As you haven't had any replies, I would suggest PMing PT2537 with a link to this thread, he is a specialist consumer lawyer :first: and your best bet.

[enquirer]

Re: Got personal SD today for companies debt

If the company took out the contract, that's where the debt lies. However, it is possible to pursue the directors if it can be shown that the company was trading whilst insolvent.

I assume that no personal guarantees were involved.

[Celestine]

Re: Got personal SD today for companies debt

Is it a Limited Company? Can't see anything on CH register?

[CleverClogs]

Re: Got personal SD today for companies debt

Received SD today from our Landlord. Our company owes him rent money fro 2 months.
Original Licence Agreement was issued to Peter X (myself) and John X (my business partner) trading as "PSource Ltd".

What a lot of paardenstront

No such company exists in the UK - I've checked (link)

Merely pretending to run a limited company does not provide the same protection as registering the company would do.

1) Why landlord is serving SD only to me personally (SD has my home address and my name/surname on it)?

Perhaps that is because he's looked through Companies House for your company and discovered that it does not seem to exist. You, however, may be a little more real...

2) We are still occupying premises and due to move out end of the month (as stated in original agreement) - can he still serve SD?

Do you or "your company" (WDNE) still owe the money?

3) Upon asking question 1 to Landlord i got answer - first we will chase you for whole debt, if you dont pay - we go after your business partner..

Take that as a compliment, as he evidently considers you to be more honest than your business partner.

I suspect that your business partner may be a crook and you may be a dupe.

Alternatively, when does the essay have to be completed? :rofl:

[winnie-uk]

Re: Got personal SD today for companies debt

Cheers for reply.
Yes company is registered as Limited company in CH (PSource Ltd is not real name of company).

Do you or "your company" (WDNE) still owe the money? -Thats exactly what i am asking - if Licence agreement states "Name Surname" Trading As "Company" - then who is responsible for this Licence?

Alternatively, when does the essay have to be completed? - Essay?

[CleverClogs]

Re: Got personal SD today for companies debt

Cheers for reply.
Yes company is registered as Limited company in CH (PSource Ltd is not real name of company).

Thank you for having wasted people's time. I now have a better understanding of your landlord's attitude.

Do you or "your company" (WDNE) still owe the money? -Thats exactly what i am asking - if Licence agreement states "Name Surname" Trading As "Company" - then who is responsible for this Licence?

You and your business partner are, as you cannot be trading as a limited company.

[wales01man]

Re: Got personal SD today for companies debt

Im thinking landlord would only let to the named individuals why let to a LTD company if they got behind with rent and had no assets to pursue for debt they lose with 2 named on lease they can as they seem to have done issued a SD if the company is still trading is it? why cant tthe company pay

[PlanB]

Re: Got personal SD today for companies debt

Thats exactly what i am asking - if Licence agreement states "Name Surname" Trading As "Company" - then who is responsible for this Licence?

Common sense says the person named on the Licence agreement is the person who owes the debt.

[enquirer]

Re: Got personal SD today for companies debt

... if Licence agreement states "Name Surname" Trading As "Company" - then who is responsible for this Licence?

You (a private individual), cannot 'trade as' a Limited Company.

A company has 'personalty', which is to say, it is a person in it's own right. Thus, John Smith sets up 'John Smith Ltd' which then exists as a separate entity. They are not the same, even though John Smith may actually own all the shares in John Smith Ltd.

John Smith may simply trade as 'John Smith Widgets' without there being a company. In which case, they are not separate.

So, it's a mess. The landlord erred in drawing up the agreement. On the other hand, perhaps he anticipated not being paid, in which case he has tried to leave his options open.

I suspect it will come down to what a judge makes of it.

[wales01man]

Re: Got personal SD today for companies debt

Agreed a judge would decide looks like pay up for the OP or see the judge unless the landlord abandons action

[winnie-uk]

Re: Got personal SD today for companies debt

Cheers guy, much appreciated.