I have personal CCJ on my credit file from my limited comapny

[pj2208]

Hope you can help.

I have just checked my credit file and there are 3 CCJ's on there for unpaid services supplied to my (now dissolved) limited company for which I was a director. I thought being Limited made it so that I was not liable.

I little (shameful) background information. I was sent to prison , for the first (and only time) in August 2015, for an unrelated 'white collar crime' ( not a term I like to use) for 10 months and it was during this time that, as I was unable to run the company, the debts occurred (one for £4500 and 2 for around £400), and the company was then dissolved in April 2016. I am not sure if this has any bearing but thought best mention just in case.

Any help moving forward would be greatly appreciated as this is what myself, my wife are trying to do for our family).

Thank you

[Kati]

Re: I have personal CCJ on my credit file from my limited comapny

tagging [MENTION=48934]Debt Camel[/MENTION] to advise you xx

[Debt Camel]

Re: I have personal CCJ on my credit file from my limited comapny

Did you give a personal guarantee for any of these services?

[Diana M]

Re: I have personal CCJ on my credit file from my limited comapny

Were these three CCJs obtained while you were away from home (i.e. in prison) ?

And were you the sole Director of your company?

Di

[pj2208]

Re: I have personal CCJ on my credit file from my limited comapny

Were these three CCJs obtained while you were away from home (i.e. in prison) ?

And were you the sole Director of your company?

Di

Diana, thank you for your response.

yes, shamefully, I was in prison, for something totally unrelated. and yes I was the only Director.

- - - Updated - - -

Did you give a personal guarantee for any of these services?

Hi, thank you for your time.

No i have checked the contracts and invoice and they all address the company and the contracts have no mention of a personal guarantee.

[Diana M]

Re: I have personal CCJ on my credit file from my limited comapny

Diana, thank you for your response. yes, shamefully, I was in prison, for something totally unrelated. and yes I was the only Director.

There's nothing shameful about going to prison in my personal view.

My firm recently helped a client who was in prison when a claim was issued/served and the CCJ (Default Judgment) was obtained. It was a cast iron alibi for his set aside Application (there were other legal arguments too).

Your situation may/may not be a good reason to make an Application for a set aside if you weren't served with the claim.

However you need to have good prospects of success to defend the claim if you're given the opportunity (following a successful set aside Application) so maybe you need to focus on that possible/potential for now (and fast).

Di

[R0b]

Re: I have personal CCJ on my credit file from my limited comapny

If as you say that the contracts were all in the name of the company and you were signing as a director on behalf of the company, and none of those contracts required a personal guarantee (banks often require personal guarantees from directors in cases of loans but not common in B2B contracts) then I would say that you've got a pretty good chance of getting the CCJ set aside as well as the claiming being dismissed, and possible damages though likely to be discretion of the court.

The whole claim itself is invalid if the wrong person is named and there has been cases where individuals have been sued, a CCJ applied and they have successfully been award damages for whatever reason because of the defective claim having the wrong party named.