ChatterBank0 min ago
Limited Company and CCJ
1 Answers
We recently had a company who we had dealt with briefly and paid for goods we received ,issue a small claims summons gainst the director and a home address quoting an invoice which was not recognised. The court requested the plaintiff to clairify who the defendant was, and reissued in the name of the company at the home address, then the court ordered the plaintiff to serve to the company registered address. The defence put forward to both services was that we had no invoice or knowledge, and asked for invoice and delivery note proof. Only one application was allowed which was the initial one address edto a director at home address. A request to transfer to another court was not acknowledge, no invoice or delivery note was produced and the judge ordered that the original defence stood (that the company did not reside at the address). But judgement was stil made against the company and sent to the private address. Despite a call to the Court this has not been rectified. Is the company liable for that judgement (even though it has no goods, invoice or delivery note proof) or is the director liable (even though the director is not the company and has no goods or invoice etc)
Also posted on law
Also posted on law
Answers
Best Answer
No best answer has yet been selected by mincepie. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I would seriously get a solicitor involved as soon as possible - it sounds like judgement shouldn't have been made - but if it is the name of the company, then the company will be liable.
This needs to be sorted asap as the CCJ is public information - our local paper publishes on a weekly basis companies who have has CCJs registered against them- and you don't want a bad reputation (I assume).
It will also (obviously) affect both the credit rating of the company as well as you as individuals (when applying for credit, most finance companies will do a director search and a basic company search - which will show the CCJ)
This needs to be sorted asap as the CCJ is public information - our local paper publishes on a weekly basis companies who have has CCJs registered against them- and you don't want a bad reputation (I assume).
It will also (obviously) affect both the credit rating of the company as well as you as individuals (when applying for credit, most finance companies will do a director search and a basic company search - which will show the CCJ)