a company I am a director of was placed in receivership. The company owed a debt to a plumber, the quote for the work carried out by the plumber, and his invoices for payment were made out to the companies "trading as" name, the plumber is now claiming payment from me personally even though no personal guarantee is in place. Am I liable for the payment ? thanks
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HiWelcome to JustAnswer. You can defend this, although if the plumber thought he was dealing with you and not the company then there is a chance a court could find you personally liable. If he knew this was the company trading as (trading name) then he would not succeed. I am afraid this uncertainty does carry some risk, and it would depend very much on the evidence.
LLB MMgt FAMINZ 32 years qualified as lawyer
thanks, XXXXX XXXXX invoiced for his 1st progressive payment and he was paid with a cheque drawn on the company account, would that confirm that he knew he was dealing with a company, rather than me personally ?
That does help, and this would be useful, but not necessarily conclusive evidence. I say this because not everyone looks at the drawer of the cheque when they get it. Bills are paid by 3rd parties sometimes. If you sent this with a covering letter on company letterhead this would also help. The law says that when you are a company you must use the the company name, then "trading as", for this to be conclusive.
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