claim against my company, how to defend |
claim against my company, how to defend |
Fri, 16 Nov 2018 - 11:47
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#1
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Member Group: Members Posts: 369 Joined: 30 Mar 2011 Member No.: 45,518 |
Hello
A company, for which I am a shareholder has received a claim form from the county court. The claim is for an unpaid invoice. The invoice in question is nothing to do with the company (X ltd), but for one of our subsidiary's (Y ltd) which is wholly owned by X ltd. The service address is X ltd, but at Y ltd's address. X ltd is a Scottish company, whereas Y ltd is an English company. X ltd does not trade at Y ltd's address. Y ltd is quite happy to pay the bill, but has never received the original invoice, nor any reminders or a letter before action. How should we defend this? X ltd is not liable for the debt, but Y ltd is, but would dispute any additional charges as unreasonable behavior. I am going to file the AOS, but interested in how to word the defence. Any advice greatly received. |
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Fri, 16 Nov 2018 - 11:47
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Wed, 28 Nov 2018 - 22:31
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#21
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
A company, for which I am a shareholder has received a claim form from the county court.
So what has it got to do with you? Holding shares doesn't give you any standing and both companies would be foolish to take advice from an unqualified third party. Or is there more? |
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Fri, 30 Nov 2018 - 13:37
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#22
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Member Group: Members Posts: 369 Joined: 30 Mar 2011 Member No.: 45,518 |
A company, for which I am a shareholder has received a claim form from the county court. So what has it got to do with you? Holding shares doesn't give you any standing and both companies would be foolish to take advice from an unqualified third party. Or is there more? The company in question (Company X ltd) does not have any employees. All the work done in that company is done via employees of another company (lets call that company A) who recharge company X for that employees time. I am a shareholder of both company x and company A. For the purposes of writing these letters I am an employee of Company X and authorised by Company X directors (as none of them have a clue what needs to be done) to be dealing with this matter. So maybe simply I need to reword that point As an update since sending the last letter I have heard nothing from either the lawyer or the claimant. I have 14 days left by which to file my defence. Should I write another letter warning them again about costs, or should I now write up my defence? How do I go about claiming compensation should the lawyer discontinue the claim after the defence is filed (I can't see the client paying the lawyer to give full particulars of claim and their skeleton argument or even attend a hearing when the client has already been paid!). My defence was going to be along the lines of: - Company X do not trade/operate at site of claim - Company X have never entered into a contract with claimant - Claimant has at no time served Company X with any invoice, or LBA - Claimant has made no contact of any kind with Company X prior to filing claim - Company X has been made aware by Company Y that the invoice has been paid - The claimant has not followed pre action protocol, nor made any attempt to assertain the identity of who they contracted with. - The claimant is now chasing the wrong company for their costs, due to their own negligence (simple google search would have revealed the correct identity/companies house records of correct service address) - We will add more to our defence once full particulars of claim are filed by claimant (currently the claim is for an invoice we've never seen) Should I be adding anything else? I will post my defence here before I file. |
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Fri, 30 Nov 2018 - 14:20
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#23
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
As you’ve not explained in there why Co.Y have paid it, I would do so, that the claimant contracted with Co. Y but that Co.Y has never received an invoice or an LBA, as soon as they were made aware of the debt by Co.X it was paid in full.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 30 Nov 2018 - 14:28
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#24
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Have to say your company and its arrangements sound confusing (if not dodgy) so I'm not surprised an invoice was issued to technically a wrong entity.
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Fri, 30 Nov 2018 - 14:29
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#25
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It’s perfectly normal way of doing it, it often reduces tax liability and also de risks the enterprise as a disaster for one isn’t for the others.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 30 Nov 2018 - 15:07
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#26
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
- The Defendant has never had any connection to this matter and cannot possibly have any liability to the Claimant
- The Defendant has never entered into a contract with claimant The Claimant has never directly or indirectly provided any goods or services to the Defendant - The Defendant does not trade or operate at the location that is the subject of the claim - Claimant has never served the Defendant with any invoice, or LBA - Claimant has made never made contact of any other kind with the Defendant prior to filing claim The Defendant has determined that the service that is the subject of the claim was in fact provided by Company Y, a separate legal entity, and promptly informed the Claimant of its failure to send its invoice to the correct party - The Defendant asserts that, as a result of its investigation, Company Y has paid the Claimant the amount that the Claimant failed to invoice - The Claimant has not followed pre action protocol, nor made any attempt to assertain the identity of the company that it contracted with. - The Defendant asserts that the Claimant's continued pursuit of the costs arising from its own incompetence and negligence amounts to unreasonable behaviour and will invite the Court to have regard to CPR 27.14(g) when it disposes of the costs of the case This post has been edited by Redivi: Fri, 30 Nov 2018 - 15:09 |
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Fri, 30 Nov 2018 - 16:38
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#27
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Your defence?
I ask again, what has this got to do with you as a shareholder? If you are an authorised officer of the debtor company, then pl say so. |
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Fri, 30 Nov 2018 - 16:52
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#28
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Your defence? I ask again, what has this got to do with you as a shareholder? If you are an authorised officer of the debtor company, then pl say so. Seems to have been answered. QUOTE For the purposes of writing these letters I am an employee of Company X and authorised by Company X directors (as none of them have a clue what needs to be done) to be dealing with this matter. But agree papers need to be signed "On Behalf of" plus name and position |
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Fri, 30 Nov 2018 - 17:58
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#29
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
'For the purposes of' means you are in actuality or you are assuming this identity and role simply for these proceedings.
'Oh! What A Tangled Web We Weave When First We Practice To Deceive'? |
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Wed, 16 Jan 2019 - 12:21
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#30
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Member Group: Members Posts: 369 Joined: 30 Mar 2011 Member No.: 45,518 |
No real update - the defence on this was filed on the 10th of December. I had a letter from the county court dated the same day giving the claiment 28 days to contact the court to proceed.
That has now passed and there has been no further news. Should I contact the court, or should I just sit tight? |
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Wed, 16 Jan 2019 - 13:01
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#31
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Contact the court
The claim might have been stayed |
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