Counter sue am I allowed to claim for stress

[1661karen]

Hi sorry I am new to this site and not sure I am asking the right questions.

I was a director of a bathroom company with one other partner and I resigned in Dec 2012. All accounts were up to date when I resigned. The partner that was left proceeded to run up large amounts of debt with companies we had credit accounts with. One particular company has taken both of us to the county court as individuals instead of claiming the debt from the company. The existing partner ignored the summons and did not appear in court so therefore received a CCJ. I defended it as I had notified them by email in Dec 2012 that I had resigned as a director and as all the goods purchased were after that date, I did not feel that I was responsible and I had not received any monies from the resale of these goods. The judge ruled that as I had not contacted the company that supplied these goods and asked to be "relinquished" from the credit agreement the company was entitled to get the money from me. On the credit agreement I signed it stated that as was signing it as a director "jointly and severally" and I did not realise that this meant it was a personal guarentee.

I have therefore received a CCJ through no fault of my own and have to pay a sum of £7217. The judge said I was to issue a claim against my ex partner for this amount but I need to know am I entitled to claim an amount for my time and stress and the fact I now have a CCJ and the supplying company have not said whether they are going to attach the amount onto my property. I am a widow and therefore a single parent and I feel very wrongly done to at the moment where as my ex partner does this all the time since I have resigned. I want to issue my claim on line against him ASAP but I want to make sure I claim off him the maximum I can. Thank you for any help you can give me

[teaboy2]

Re: Counter sue am I allowed to claim for stress

If the judge said so then yes. As for stress, its worth a try, and as for cost incurred defending against the other companies claim, yes you can claim that to from your ex-partner. Also infrom the other company that you intend to take your ex business partner to court to reclaim the amount. Though its likely you will have to get either a Charge on your partners property, or high court enforcement officers to seize goods to be sold at auction. You may even want to take the company you were a director off to court instead of your partner, or hold both jointly liable. This would allow you, if your claim is successful and its likely your ex business partner won't turn up again at court, to have high court enforcement officers seize both goods belonging to your ex business partner and from the company itself.

Once you receive remuneration you can then pay the supplier company off what your share of the liability was.

But before you do anything, you need to seek professional legal representation here, so that you do not make any costly mistakes.

Now did you or did you not ask the other company to relinquish yourself? Do you have any written records as such?