Company director guarantee & CCj attempt to get it set aside-urgent please

[Mrs_Jeeps]

Hi Everyone,

 

I appear to have a mobile citizens advice set up in my lounge today and a very good friend of mine has asked, in desperation for help re her mum, the company director and a CCJ thats been applied for on the basis of non payment.

 

Theres no credit agreement but a credit application form which is signed in the name of the business. The business has now folded and the claimants have come after her personally for the money.

 

I've only just clapped eyes on it. I've only got the application notice from the claimants here at present-their relying on a witness statement of their solicitor and this application form.

 

I've asked to see the POC and her defence-this being that she didnt know if it folded they would come after her for the money and that despite signing this, she never received any correspondence to confirm this agreement to her home address (this maybe irrelevant i fear)

 

I was going to CPR them and go down the no credit agreement route. Can anyone give me any pointers please? I'm so greatful, have a nice evening everyone

 

xx:|

[BankFodder]

If it was a LTD company - and it sounds as if it must have been then how can they get a judgment against a director unless there was a personal guarantee?

[spamheed]

was it a limited company?

did she sign as guarantour for the company?

[Mrs_Jeeps]

It looks like she has but didnt know they could go after her personally as the box to sign says that for limited liability companies younger than 3 years the director/secretary must sign below. The defendant has stated that her company was over 3 years old but claimants sols are saying there is also a section just below the signiature box that says 'it must be completed some other circumstances'-it doesnt describe anywhere what these circumstances are however?? help! x

[debt4get]

not an expert on company law..but if i remember correctly if the company was a limited company then the director(s) are not responsible to any creditor on dissolution of company....now unless this was specifically stated to the customer that this is not so and is in the terms and conditions then i dont think they got a leg to stand on

[Mrs_Jeeps]

If it came down to a gurantee with the director.. should there be a CCA in that eventuality as essentially thats what would be needed for enforcement??

[debt4get]

mobile phones dont come under the cca act unfortunately...i would research more along the line of ltd companies and use that as a defence along with their t and c as to whether she was actually told that she would be responsible..as i said i dont think that ltd company directors can be held responsible

[jamanji]

ltd means limited to the companys liabilities not the directors unless you specifically signed a directors guarantee if not i would fight for a misguided sell , this should be clear on the agreement before you signed it,

You will not win a fight unless you fight

Try everything before you cave in