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Urgent: Solicitors trying to claim i'm liable for a company debt?


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I set up a company a few years ago and was the director.

 

I had a court claim sent to me a few weeks ago, from solicitors representing a company who hadn't been paid for an invoice of £511 from 2 1/2 years ago.

 

My written defence to the court (N9B form) was this:

 

This claim is disputed on the grounds that the contracted invoice was between ***** and *****.

 

At no time did the named defendant [My name] enter into a personal guarantee with **** (see attached invoice from claimant) and therefore the defendant is not personally liable for the company debt.

 

**** has applied to be struck off the company register and dissolved (documentation attached). There are no funds nor assets associated with ****, which was an embryonic entity developing ***** with financial assistance and support from local universities and regional development agencies. These funds were exhausted during the prototype development phase.

 

The named defendant [My name], is currently unemployed and on income support.

Today i received an allocation questionnaire :-? which i have to return by september 6th. At the bottom it says "A fee of £200 is payable by the claimant on the filing of their allocation questionnaire", so i presume that means they pay, not me (as i'm the defendant).

 

Can someone help me understand if there is any legal basis to chase a debt from a company that's getting struck off and trying to name the director as a second defendant?

 

Thanks for any help in advance.

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Moved to the Legal Forum

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As I understand it if you were a Ltd company you have limited liability and unless you acted as a personal guarantor you are not liable.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Very difficult to get at you personally and lift the corporate veil.

 

We have limited companies to basically protect the directors from liabilty if things go wrong.

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As I understand it if you were a Ltd company you have limited liability and unless you acted as a personal guarantor you are not liable.

 

Yes i thought that as well.

 

I think the solicitors are trying it on by claiming the first defendant is my company and second defendant is my person as a legal entity.

 

I didn't personally guarantee anything as it was just a business invoice between the two entities.

 

Is there any validity in their claim?

 

After i sent off my defence, i expected the case to be dismissed, but after receiving the AQ i wonder how far they can/will go? Do i even need to fill in the AQ?

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