Can you give me some advice, I used to own a company called 511 cars & I took out an advertising agreement with a company this should of been a two year advertising campaign, in all the paperwork I have from them it states that I must send them artwork & they will send me a proof for approval. I sent them the art work & they sent me a proof that was nothing like what I had asked for so I sent them a letter & an email telling them that I did not approve with the advert they had drawn up & they were not to go ahead with that advert but they went ahead a produced the advert anyway, the advert they published was not proofed by me at all. After I complained to the company they took the advert down, it was up for about a month. I then sold the company in December 2009 & as I had heard no more from this company I thought no more of it. Then on Wednesday I got a visit from a high court enforcement officer serving me with paper work to remove goods from my home to the value of the agreement plus over £1,000 in costs, the paperwork the served me was in the company name not my own name but at my home address where 511 cars has never traded from, Im not sure where to go from here to appeal about this as I was unaware that it had been to court & this is the first letter or visit I have had about this. Is there anything I can do to argue this debt that I dont feel I owe? I have tried to talk to the sheriff that delivered the paperwork but he was no help & just rude. The contract I signed stated that if the company was sold the contract could not be transfered. My company was sold as a running concern but has since stopped trading & the phone number on its own has been sold to another cab company. My concern is do I own this money as they ran an advert without my proofing it, The amount they have billed me for is for the full 2 years advertising when the wrong advert was only up for about a month before they removed it? Also can they come to my home address to pursue the claim as I was a trading as company at the time of this contract, even though the company never traded from my home address & the company no longer exists? Can they force their way into my home when I open the front door? I have received another letter today from the sheriff’s office address the 511 cars states that if the full balance is not paid in 7 days their officers will re-attend my property with transportation to remove goods. chattels and other property. This may take place in my absense & will incur further costs. Please advise me what I should do?
Optional Information: Province/Country relating to question : England Already Tried: your my first port of call
Hello,Many thanks for your question. I shall endeavour to assist. If there is anything in my answer that you require me to clarify please ask.
If the company is no longer trading then you make take the view that there is nothing you need do about this (I presume you sold the assets not the shares of the company which is why the people you sold to are not involved). Is that right?
If the company is worth defending then you can make an applicaiton to the court using form N244 to set aside Judgment. You will need to support this with a draft defence and witness statement setting out why you believe that you have reasonable prospects of successfully defending the claim and why the proceedings were not defended. You also need to explain any delay in applying. If you are successful you will possibly be responsible for their costs.
What they cannot do is break into your house or remove any personal goods.
DR Lawyer
Experience: BA (Hons) Pgdl Pgdlp (LPC)
The contract I signed stated that if the company was sold the contract could not be transfered.
The company was sold as a running concern but has since stopped trading & the phone number on its own has been sold to another company.
My concern is do I own this money as they ran an advert without my proofing it, Thje amount they have billed me for is for the full 2 years advertising when the wrong advert was only up for about a month before they removed it?
Also can they come to my home address to pursue the claim as I was a trading as company at the time of this contract, even though the company never traded from my home address & the company no longer exsists?
Can they force their way into my home when I open the front door?
I have received another letter today from the sheriffs office address the 511 cars states that if the full balance is not paid in 7 days their officers will re-attend my property with transportation to remove goods. chattels and other property. This may take place in my absense & will incur further costs.
Please advise me what I should do?
Relist: Incomplete answer.He asked me questions in my first question I paid him then replyed but he has still not responded
Relist: Incomplete answer.Can you give me some advice, I used to own a company called 511 cars & I took out an advertising agreement with a company this should of been a two year advertising campaign, in all the paperwork I have from them it states that I must send them artwork & they will send me a proof for approval. I sent them the art work & they sent me a proof that was nothing like what I had asked for so I sent them a letter & an email telling them that I did not approve with the advert they had drawn up & they were not to go ahead with that advert but they went ahead a produced the advert anyway, the advert they published was not proofed by me at all. After I complained to the company they took the advert down, it was up for about a month. I then sold the company in December 2009 & as I had heard no more from this company I thought no more of it. Then on Wednesday I got a visit from a high court enforcement officer serving me with paper work to remove goods from my home to the value of the agreement plus over £1,000 in costs, the paperwork the served me was in the company name not my own name but at my home address where 511 cars has never traded from, Im not sure where to go from here to appeal about this as I was unaware that it had been to court & this is the first letter or visit I have had about this. Is there anything I can do to argue this debt that I dont feel I owe? I have tried to talk to the sheriff that delivered the paperwork but he was no help & just rude.The contract I signed stated that if the company was sold the contract could not be transfered.My company was sold as a running concern but has since stopped trading & the phone number on its own has been sold to another cab company.My concern is do I own this money as they ran an advert without my proofing it, The amount they have billed me for is for the full 2 years advertising when the wrong advert was only up for about a month before they removed it?Also can they come to my home address to pursue the claim as I was a trading as company at the time of this contract, even though the company never traded from my home address & the company no longer exists?Can they force their way into my home when I open the front door?I have received another letter today from the sheriff's office address the 511 cars states that if the full balance is not paid in 7 days their officers will re-attend my property with transportation to remove goods. chattels and other property. This may take place in my absense & will incur further costs.Please advise me what I should do?