Court papers served for my failed business

[marc4620]

I recently set up a business (all above board, etc) and contacted a well known 'industry related' marketing company to place a relevant advert. I paid £700 to them for an initial advert and foolishly agreed, via email, to take out a 12 month marketing campaign with them costing £250 per month. I paid for the first 2 months but my business was not a success and I had no customers, still haven't. All this money came out of my own pocket.

 

Anyway, I explained this to the marketing company who left me alone for a few months and they removed my advert from their publication (fair enough) however, I received an invoice for £1500 about a week ago for the outstanding amount.

 

Yesterday I received court papers from Northampton for the full amount. Did the company need to serve me a default notice or at least tell me that they intended to issue a claim?

 

HELP

 

In addition, if a CCJ is entered is it against me or the my failed company?

 

Thanks

 

Marc

[I've got no money]

Can I clarify a couple of points - was your company a limited company - whose name was the agreement with the marketing company in - did you sign it, if so in what capacity.

 

Can you also post the summons for us to have a look at - you need to delete anything that might identify you.

[marc4620]

Hi, thanks for the reply,

 

My company was a limited company and it was my name that I used with the marketing company. I didn't sign anything but did agree to the campaign by email and a telephone call. I am the managing director and my wife was named as the secretary. There were no staff as my wife and I were providing the product which was an educational service.

 

In relation to the court documents I can't upload them as I don't have a scanner but I will duplicate the text on this message....

 

It is a claim form completed via Money Claim Online, Northampton County Court. Issued on 23 Jun 2009.

 

Interestingly, my company is in the claimant box and the defendant box. An obvious mistake by the marketing company.

 

The particulars of the claim are (verbatim though names have been omitted)....

 

XXXX publishing (UK) Ltd is a media company that specialises in publishing XXXXXX newspapers and magazines. XXXX Publishing (UK) sells advertising in its portfolio of magazines. The defendant has placed an advert/s within one of the XXXX Publishing (UK) Ltd's titles (nameley XXXX, XXXX or XXXX) and has not paid the debt which has been outstanding for some time. XXXX Publishing (UK) Ltd has chased payment several times by telephone, email and letter and as yet, receieved no payment.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 1/12/08 to 22/6/09 of £ and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 8%.

 

I have also had all of the numerous differing response forms with the pack.

 

There is no other relevant information on the forms that could help so hopefully what I have put is sufficient for you to assist me.

 

Very Kind Regards

 

Marc

[I've got no money]

It sounds as if the company contracted and the company is being sued

 

You used the phrase my company was a limited company - unless you've wound it up the company still exists -any CCJ would be against the Company.

 

In terms of whether the other side can sue for all of the balance - I'd need to see the contract

[faza]

hi, a previous poster put up a thread which is a situation very similar to yours, hope it helps.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/193677-court-papers-issued-over.html

[marc4620]

Thanks for the responses.

 

I acknowledge the debt; I was just concerened about the CCJ and if it was me or the company that got it. The question about being served a default notice is an attempt at me delaying the CCJ.

 

I think I will write to the company explaining my situation and ask them not to proceed with the issue of the CCJ whilst I attempt to pay the debt off.

 

Thanks again.

 

Marc