Advice on commercial debt please

[claire99991]

Hi any advice appreciated here,

 

last year my partner who is self employed became very quiet

 

went folded his buisness and went into buisness with some builder friends

 

they were equal he was a director,

 

things went bad and he wasn't getting paid

 

he decided to leave

 

he did it properly and notified the right people that he was no longer a director (companies house and got a p45)

 

he since went to being self employed again.

 

When he worked for them a merchant PTS used to give them materials on a 30 day ticket

and they would pay it once the customer had paid

 

well today my partner received a letter from spratt endicott soliciors saying PTS were taking him to court if he didn't pay £547 in 7 days

my partner just pays for what he needs up front now so there is no way this is his!

 

This is from the buisness that he left and they are refusing to pay it

 

now PTS are taking my parnter to court.

 

Can they do this!?

 

There wasn't even a signed agreement to say they could have a 30 day ticket for goods

 

can you send a cca request for a commercial debt?

 

He carnt afford to pay this debt

 

his buisness is quiet and why should he,

he left the other company propery this is there debt not his.

 

What do I do?

[BRIGADIER2JCS]

Is the building company still in business???

As he has it seems properly ended his connection

with the company I think he should just inform the

merchant that he has no liability for the debt.

[claire99991]

Yes buiding company are still in buisness and the merchant know its them cos my partner still buys from there just up front! They have been chasing the builder with no success so have now turned on my partner!!

[BRIGADIER2JCS]

Not his problem he should send the merchant a written

notice of disassociation and deny all liability.

[dx100uk]

bet the letter says if.might.may.could

 

nor WILL

 

dx

[claire99991]

It does say they will take him to court, is there a letter template I can use please?

[ScarletPimpernel]

I don't think there's a template as CAG is primarily aimed at consumers, but you could try something like:

 

Dear Sirs

 

Re: Merchant name

 

I refer to your letter dated xxxxxx, the content of which is noted.

 

My association with (name of building co.) ended on (date), when I resigned as a director. This can be checked with Companies House upon payment of their usual fee. I have had no further involvement whatsoever with the company since then.

 

It is therefore denied that I am indebted to your client for the sum claimed, or at all.

 

Yours faithfully

 

 

Just be absolutely sure that your OH didn't sign any paperwork when the account was opened that included personal liability in the small print, although I suspect that a solicitor would mention it at the outset since it would form the basis of the claim.

 

It does rather sound as if the sols know they are unlikely to recover anything from the company, and are trying for an easy win.

 

Please do come back an update us - it's always useful for someone else!

[BRIGADIER2JCS]

Ok, no template for this so I'll draft a letter for him now.

 

To Whom it May Concern

With reference to the debt you allege is owed by me for

goods supplied to xxxxxx xxxxx Please take note my

association with xxxxxxxx ended on xxxxx xxx at which

time I notified Companies House that I had ceased to

be a director and had ended any involvement with xxxx

from that date.

Therefore I do not acknowledge any debt to your client,

and have no personal liability for any debts of xxxxxxx.

I also have no knowledge of any written agreement between

xxxxx and your client.

Sign date and send recoreded delivery and copy to the ''building CO.''

[claire99991]

Do I send this letter to merchant and solicitor? I'm hundred per cent certain he didn't ever sign anything no one ever did it was just a verbal agreement with the manager. Ok ill send them letters thanks.

[BRIGADIER2JCS]

Yes to both by recorded delivery so you can check delivery.

[claire99991]

Just to update this thread he has to pay the bill and then take the building contractors to a small claims court for it, which looks like a right carry on and chances are they will just fold there buisness which is limited. GRRR!!

[ScarletPimpernel]

Don't understand the last post at all.

 

Who says he has to pay? A court?

[BRIGADIER2JCS]

Where did this advice come from, I

cannot see any reason that he has

liability since he properly resigned

from the company and his liability ceased.

[claire99991]

well he rang the solicitor and they said he has to pay it and they are persuing it thru the court they said they have his signiture on the delivery notice and thats enough for them they said its classed as stealing its like going into tesco getting your shopping and coming out without paying for it there was no credit account it was just the manager had agreed to let them take goods and pay in 30 days. He also rang a independent solicitor for advice and they said the same that he would have to pay it and take the small building firm to a small claims court.

[brokebutnotbeatn]

So he signed as Director of a company? Was he employed or self employed. If he signed for the company then the company will be liable not him personally. Was the invoice made out to the company he left or to him personally?

[brokebutnotbeatn]

Did he send the letter as in post #8?

[Zonker]

Lets see they havnt got an agreement..just verbal. They cant prove what terms were agreed. That would be a bit tough to substantiate in court wouldnt it?

[BRIGADIER2JCS]

A director of a Ltd. company surely cannot be held

liable for a debt ( evidence of which is a ''signed delivery note made out to the company)

after the director has properly and lawfully resigned and removed himself from

the directorship.

Is this not what limited liability is all about, the debt is owed by the ''company''

which exists as a seperate entity.