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summerbreeze

Advice urgently needed re a Business debt court claim

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Hi everyone

I know this isnt a business forum but I dont know where to go for advice on this problem.

I have been a sole trader in a non limited company. My business has collapsed in the last year thereby leading to all my personal debt problems.

 

I just have one former supplier that is still chasing me and has issued a court claim.

I have no idea what to do in this case.

I presume that because I was not a Limited Co. they can go after me as an individual?

The claim is in the Business Name.

 

I dont have much defence except that one of the invoices is slightly incorrect and that my OH did some commission work for the Supplier and was not paid .

 

But OH only worked for me on a consultancy basis and was not a business partner.

 

If the business gets a CCJ and the business address is my address as I worked from home can they go for a charging order as in personal debt cases?

 

I really need some advice or help to find the correct place to go for advice.

 

All comments gratefully received

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As you are a sole trader they can and will persue you personally for repayment of debt.

As far as charging order on your property, I would have thought that they would chase after you through the county court first trying to for a CCJ.

If they obtained a CCJ as a sole trader it would be in your name.

If they try to make a claim you would have the chance to request a repayment plan based on your circumstances.

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What voydav sais is correct. In fact they cannot get a CO without geting a CCJ first.

 

If they supplied you with goods/services in good faith and you didn't pay them, then you probably haven't got a defence. However, the same applies to the work your OH did for them. You can't do anything about that, but (s)he could start a similar action for the money thay owe him/her.

 

If you OH used your business name for that work, then you could do a counterclaim instead of a defence.


Steven

 

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Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Its complicated.

 

This supplier has bought from me and I have bought from him and we did try to work together but that has not worked out and in fact I lost a contract due to poor performance of the other company that is suing me .

 

OH has done work for both companies but the payment he has received from them in the past has been in his name and not in the name of my business.

 

They are a much larger concern and they probably think that the business is actually belonging to OH but it isnt.

 

If I state I intend to defend the claim will that buy me some time even if I withdraw later or will it substantially increase the costs.

 

I have to reply to service very soon and do I contest the jurisdiction of the court as the claim is issued from a court 200 miles away from me .

 

I have very little income and very large debts so would the judge just order me to pay what I can afford according to an I and E test similar to a personal claim ?

 

Sorry for so many questions but I am also close to a court date for a personal debt claim and feeling pressured

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Acknowledge and say you intend to defend - that will give you 4 weeks from the daye of service to file a defence or not, it shouldn't affect costs as they won't be doing anything in the meantime.

 

I still think OH should take them to court for unpaid fees - who they think the business belongs to is not relevant


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Acknowledge and say you intend to defend - that will give you 4 weeks from the daye of service to file a defence or not, it shouldn't affect costs as they won't be doing anything in the meantime.

 

OK I will do that and state I defend all the claim .. correct?

What about the jurisdiction question please . Do I contest it ?

 

I still think OH should take them to court for unpaid fees - who they think the business belongs to is not relevant

 

I will advise him to do that also .. Thank you. There will be a fee to pay I think ? It would be Small Claims

 

Thanks for your help :-)

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Yes

 

You get the chance to change the jurisdiction at the allocation questionnaire stage

 

Yes, fees are in the EX150 leaflet which you can download from Her Majesty's Courts Service - Home


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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A further question .

 

If I decide not to submit a defence but want to submit an I and E should I just write to the Court Manager before the time to submit a defence is up ?

 

Thanks for help.

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Hi Summerbreeze

 

As far as I understand procedures - you cannot 'decide not to send a defence'....

 

I wouldn't advise you send anything in that has not been requested.

 

The I and E can wait.


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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