Court action

[Baldhead]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

 

[blackrodd]

I'm sure it reads "John Arthur Bloggs trading as (T/A) Hardrock mining company".
But as I am no expert, It would probably be a good idea to speak to the clerk of the court in question, and be sure.
Regards Rodders

 

[marcros]

I don't think that the directors can be personally liable unless they have been negligent (trading when they knew they were insolvent) or have signed personal guarantees to creditors. That is what the limited is- limited to the assets of the company.

I don't know about your case or the company. If they have other customers, letting is quite profitable so hopefully they won't go bust for a few grand.

Have you checked your house insurance- you may have legal cover within it. Worth looking anyway.

 

[Hivenhoe]

I don't think that the directors can be personally liable unless they have been negligent (trading when they knew they were insolvent) or have signed personal guarantees to creditors. That is what the limited is- limited to the assets of the company.

I don't know about your case or the company. If they have other customers, letting is quite profitable so hopefully they won't go bust for a few grand.

Have you checked your house insurance- you may have legal cover within it. Worth looking anyway.

The was law changed in 2006irc :
http://www.icaew.com/en/archive/lib...irectors-personally-liable-for-companys-debts

 

[marcros]

Interesting, thanks for that.

Sounds dangerously expensive though, and perhaps for recovering money after a company has gone pop.

 

[Baldhead]

I don't think that the directors can be personally liable unless they have been negligent (trading when they knew they were insolvent) or have signed personal guarantees to creditors. That is what the limited is- limited to the assets of the company.

I don't know about your case or the company. If they have other customers, letting is quite profitable so hopefully they won't go bust for a few grand.

Have you checked your house insurance- you may have legal cover within it. Worth looking anyway.

The was law changed in 2006irc :
http://www.icaew.com/en/archive/lib...irectors-personally-liable-for-companys-debts

Thanks for that Hivenhoe, that is just the news I needed to brighten up my day, just for info, the letting agent has admitted he is in the wrong and made me an offer which is nowhere near the figure I have in mind.

Baldhead

 

[bugbear]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

If you're playing legal games, hire a lawyer. DIY based on things you read on a forum and/or see on TV is not the way forward.

BugBear

 

[dickm]

If you're playing legal games, hire a lawyer. DIY based on things you read on a forum and/or see on TV is not the way forward.

And, again from bitter experience, make darned sure that the lawyer is someone who comes with recommendation from people you would trust. I've encountered too many cases of rampant incompetence by solicitors not to be very wary.

 

[riclepp]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

If you're playing legal games, hire a lawyer. DIY based on things you read on a forum and/or see on TV is not the way forward.

BugBear

+++++1

 

[Baldhead]

Bugbear your right, but it's nice to let the lying piece of ???? what could happen if he lets it get to court.

Baldhead

 

[marcros]

http://www.moneysavingexpert.com/reclai ... aims-court

 

[Mark Hancock]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

You simply list them on the Claim Form as a defendant. There are 2 boxes available on the form so I would presume you just add additional sheets of paper if needed as you do with any other entries.

 

[Baldhead]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

You simply list them on the Claim Form as a defendant. There are 2 boxes available on the form so I would presume you just add additional sheets of paper if needed as you do with any other entries.

Thanks Mark.

It's a long time since we took a tenant to court for rent arrears, I don't even remember how we did it to be honest, I know it was money claim online, hopefully he will see sense and it will not get that far.

Baldhead

 

[Mark Hancock]

Does anyone know how you can put a directors name as well as a limited companies name on court papers? Looks like I will have to take our letting agent to court, but my fear is he will just wind the company up.

I have seen programs on TV where the court papers have both the company name on and the directors names on, that way the company and the directors personal assets can be seized.

Baldhead

You simply list them on the Claim Form as a defendant. There are 2 boxes available on the form so I would presume you just add additional sheets of paper if needed as you do with any other entries.

Thanks Mark.

It's a long time since we took a tenant to court for rent arrears, I don't even remember how we did it to be honest, I know it was money claim online, hopefully he will see sense and it will not get that far.

Baldhead

No Problem. I did one online earlier this year and it was a bit of a pain because of the word count limitations. You have to make allowances for the section 69 County Courts Act 1984 interest charge bit which doesn't show up on screen if I remember right.

From what I've read you appear to be in a very strong position and he would be an silly person to take it as far as Court and end up with a judgement against his company (I'm assuming he has company premises where goods can be seized).

 

[Baldhead]

Mark you have a PM

Baldhead

 

[RogerS]

.... just for info, the letting agent has admitted he is in the wrong and made me an offer which is nowhere near the figure I have in mind.

Baldhead

That is good news. Just how far apart are you? Reason for saying this is that it can be factored in should you go to the Small Claims Court (and IIRC the wording of the initial letter you send prior to court action does talk about arbitration being one of the steps now as an alternative...previously it used to be optional but I got the impression it was mandatory now).

Sometimes it's worth agreeing to a reasonable offer and move on without the hassle of court action.

But, on the other hand, if he is only offering you 10% then nail him!

 

[Hivenhoe]

If possible get his offer and better still his admission in writing (and/or record conversations)

 

[Baldhead]

If possible get his offer and better still his admission in writing (and/or record conversations)

I have an apology, he admits he was in wrong, and an offer all in the same email, his offer is about 20% of our costs/loss.

Baldhead