UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR…

Customer Question
I SOLD A BUSINESS IN...

I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR AND XXX A DIRECTOR. I WAS NOT AN ACTIVE PERSON IN THE BUSINESS DUE TO DISPUTES WITH MY BUSINESS PARTNER. WE SOLD FOR AN AMOUNT PLUS VAT. WHEN ALL BILLS HAD BEEN PAID THE VAT WOULD NOT PAY THE FULL TO THE NEW BUYER, STATING THAT THEY WOULD HAVE TO GET IT FROM THE OLD COMPANY WHICH WAS A LTD COMPANY, BUT NOW CLOSED. XXX  DID ALL VAT RETURNS AND WHEN PHONING VAT THEY HAD SAID THEY WERE HAPPY WITH THE RETURNS AND THE ACCOUNT FOR OUR OLD COMPANY WAS NOW CLOSED. MY EX BUSINESS PARTNER HAS NOW DISSAPPEARED AND HAS NOW CONTACT ADDRESS. YESTERDAY MORNING I OPEND A COURT ORDER, WITH THE AMOUNT £3920 THE NEW BUYERS ARE TRYING TO RECLAIM, BUT THEY HAVE COME TO MY HOME ADDRESS. ON THE SALE OF THE BUSIENESS A LARGE AMOUNT OF MONEY WAS LEFT IN OUR BANK ACCOUNT UNTIL ALL BILLS WERE CLEARED. I WAS INFORMED BY BP THAT EVERY THING HAD BEEN PAID AND ACCOUNT NOW CLOSED. SO I WAS COMPLETELY UNAWARE OF THIS AMOUNT. I HAVE FILLED IN A DEFENCE AND I AM HOPING THAT IT WILL BE OK, AS I AM A FULL TIME MUM LOOKING AFTER 2 YEAR OLD AND 6 YEAR OLD AND NOT WORKING AT ALL I HAVE NO WAY OF PAYING THIS AMOUNT. THE DEFENCE IS IN THE FORM OF AN ATTACHMENT, CAN I SEND YOU THAT

Submitted: 9 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 12 minutes by:
1/22/2009
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago
PTS Law Ltd
PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2,270
Experience: APIL (Association of Personal Injury Lawyers) 1st Tier Expert
Verified

Dear Lianne

Hello again. I remenber this case from November. Yes, by all means, please copy/paste both the Particulars of Claim and your draft Defence and send them to me.

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago

XXX

Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

Essentially, nothing wrong. It 'rambles' (forgive me) but so do all all pleadings frafted by litigants in person!!

Add, as a final paragraph:-

At all material times I have acted in good faith; there has never been anything fraudulent in my conduct as a Director of the 1st Defendant Company. Neither have I been guillty of any breach of fiduciary duty.

In the premises it is my contention that there are no grounds for the Claimant joining me as a Defendant to these proceedings.

That, really, is the nub of your defence. The remainder should, properly, form your witness statement but don't worry about it.

I believe that this answers your question and would ask you, please to click 'Accept' so that I can be paid. Acceptance will not close the session and if there is any point which requires clarification I will be happy to deal with it. We can still continue our dialogue.

Best wishes.

Mike

PTS Law Ltd
PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2,270
Experience: APIL (Association of Personal Injury Lawyers) 1st Tier Expert
Verified
PTS Law Ltd and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
Sorry - could you re word / explain again ''That, really, is the nub of your defence. The remainder should, properly, form your witness statement but don't worry about it.'' as i did not quite understand what you meant by ''form your witness''????
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Sorry.

Should be your witness statement. It's fine as it is.

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
Can you advise what will happen once i submitt my defence (with your last paragraph).... likely outcome??
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

1) You could attempt to force the isue by making application to strike out the claim (as against you) on the grounds that it discloses no cause of action.

2) The Claimant may apply to dismiss you from the action, or

3) It will procede to Trial before a District Judge

OK?

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
1. How do I go about gettinga strike out?
2. dont think,this will happen as the other defedant has no fixed address and is non contactable
3. I am right in saying that if it went to trial that could charge me with all costs

What is your advice what is the best thing for me to do. I am aware that this is a game to some people, but I just cannot allow things to get worse. When I received advice back in November I was informed that in no way was a liable and they could not black mark me personnally that is exactly what they are doing now!

I am going to free payment, but not sure how it allows you to carry on dialoge after
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

1) You apply on notice; 3 copies to the Court. A return date will be fixed.

2) Just to dismiss you.

3) Claims under £5000 only attract costs in exceptional cases where one party has behaved unreasonably

I would let it it run. Some DJ's are reluctant to make that type of Order and youwould have had a wasted morning.

Neither you nor I can prevent people from acting as they wish.

To 'Accept' is not to close the question. You can close it or I can Opt Out but I promise only to do that if I get really fed-up with you!!

Mike.

Ask Your Own UK Law Question
Customer reply replied 9 years ago
i think I have released payment to you, can you confirm?

Sorry what do you mean apply on notice, 3 copies to the court. Should I send this defence and then wait for a return and then apply the strike out?
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

Payment recd. Thank you.

File the Defence first. Then do your notice of application to strike out.

OK?

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
Hi I am just about to send my defence, so I just want to check that I send this to my local court, and did you say three copies. At what piont do I send the application for strike out, do I have to contact the court for a specific form or any thing and when I do send it who do I send it too.

Thanks
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

You want 3 copies; 1 for you and send 2 to the Court.

You can do your application as soon as you want to. There is no set form other than the all purpose Notice of Application to a District Judge. I'll draft for you if you wish but you will appreciate that this would go beyond the answer to your original question. You should send 3 copies to the Court, one of which will be returned to you with the hearing date.

Best wishes,

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
By the application you mean strike out? Yes please could you do a draft for me. How much would that be?
Customer reply replied 9 years ago
By the application you mean strike out? Yes please could you do a draft for me. How much would that be?

But I need to send in my defence a.s.a.p ?
Customer reply replied 9 years ago
i would like to do the draft how much would that be
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear Lianne

I'm not allowed to discuss money with you. We could go through the process of you asking another question but, as you've got a kind face, I'll leave it to you to do whatever you think!!

I'll get back to you within 30 mins.

Mike

Ask Your Own UK Law Question
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Right, let's go:

(TITLE OF ACTION, Court Number, PARTIES, Etc)

NOTICE OF APPLICATION

TAKE NOTICE that (Name) THE SECOND NAMED DEFENDANT Herein

intends to APPLY to a DISTRICT JUDGE of this Court sitting at (address, floor etc)

On day the day of 2009

at o'clock in the noon

for an Order in the following terms:

That the claim herein as against the second named Defendant

be dismissed as showing no cause of action

AND THAT the grounds of the this application are that the there being no allegation made in the Particulars of Claim of fraud or other breach of fiduciary duty on the part of the Second Named Defendant in her capacity as a Director of the (????) named Defendant Company she has no personal liability for the debts of the said Company.

DATED the day of 2009

SIGNED:..............................

TO: ***** ***** JUDGE and

to: *****

Lilianne, I'm not clear from your info whether your company is the 1st or 3rd Defdt)

Good luck

Mike

PTS Law Ltd
PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2,270
Experience: APIL (Association of Personal Injury Lawyers) 1st Tier Expert
Verified
PTS Law Ltd and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
can you confirm that you have received payment of £24. The 1st defendant is the company.

Would you be able to fill in the spaces, as I have no idea what I am doing and do not want to mess up. Thanks. ***** scan the court order and send it as an attachment. I sent my defence of today.
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

Payment received, thank you.

Sure. Scan/copy/paste anything that shows me the Title etc and I'll do it for you, but I warn you that I'll be out of action for most of this evening.

Mike.

Ask Your Own UK Law Question
Customer reply replied 9 years ago
no prob I will do it Saturday
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

I'll watch this space.

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
I have just scanned two documents they are jpegs how can i send them to you, on this page
Customer reply replied 9 years ago

XXX

Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear Lianne

I got 75% through and PC crashed. I'll do it tomorrow.

Mike

Ask Your Own UK Law Question
Customer reply replied 9 years ago
Just a reminder. I am waiting for the document. Thanks
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

You were quite correct to remind me. What with the problems that theweather has caused, it quite slipped my mind. Tomorrow, I promise.

A thousand apologies

Mike

Ask Your Own UK Law Question
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

XXX

Ask Your Own UK Law Question
Customer reply replied 9 years ago

Thanks so much but you must give up the fags (lol)

I know this sounds a silly question but am I right that the day is the day I send it off and the time is the time I have sent it, or is it the day I intend to go to court?

Sorry for asking this question but thats the last

On day the day of 2009

At o'clock in the noon

Thanks so much again

Solicitor: PTS Law Ltd, Personal Injury Consultants replied 9 years ago

Dear lianne

No, that section is for the Court staff to complete with the return date, thus:- MON day the 14 day of OCTOBER 2009 at !!.45 0'clock in the FORE noon

OK?

Mike p.s. let me know how you get on.

Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask PTS Law Ltd Your Own Question
PTS Law Ltd
PTS Law Ltd
PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2,270
2,270 Satisfied Customers
Experience: APIL (Association of Personal Injury Lawyers) 1st Tier Expert

PTS Law Ltd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,256 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I ceased trading my ltd company on the 31st August 2012, there
I ceased trading my ltd company on the 31st August 2012, there is an outstanding vat bill approx £2100, however the tax office owe me close to this figure due to overpayments on paye, there are two bu… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,830 satisfied customers
I am trying to recover £4200 which is the amount it cost me
I am trying to recover £4200 which is the amount it cost me to buy a new colonic hydrotherapy machine. This was bought in March 2012 but to date has never worked. I have a list of dates when repairs w… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,830 satisfied customers
Im just starting my divorce , I have been married only two
I'm just starting my divorce , I have been married only two years , however my issue is my husband has been evading tax and vat for around 15 years. On a massive scale, probably about £100k per annum.… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
hi this is kinda long but i want to know if this would be ok
hi this is kinda long but i want to know if this would be ok todo. 1 - i have been sole trader for 5 years paid all taxes owed however recently had a vat inquiry and now have a bill of 26k FOR NON VAT… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
My partner and I have a drainage company (since 2005) and have
My partner and I have a drainage company (since 2005) and have also been in a relationship for 10 years. He has recently informed me that he no longer wishes to have a relationship with me and the sit… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I would be very grateful as if someone can help to answer my
I would be very grateful as if someone can help to answer my question. I will explain the whole story: I had a ltd company, which I was using only to buy and sell things through the ebay. Then, my fri… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I have set up a LTD company with a friend we are both directors
I have set up a LTD company with a friend we are both directors and have a 50:50 share of the business, the business is with companies house, it hasnt started trading, we dont have a business account,… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
there is a dispute between me and my partner (equal shareholders)
there is a dispute between me and my partner (equal shareholders) who has removed capital from the company and the time has come for us to part ways. he has no risk in the business however i have a fe… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I currently operate a meet and greet parking company, I have
I currently operate a meet and greet parking company, I have operated(traded) now for 3 years, I operate from a licensed car park and do everything by the book however my company and business sector h… read more
Top_advisor
Top_advisor
Solicitor
Post-graduate diploma in law
20 satisfied customers
My friend has set up a limited company with a colleague to
My friend has set up a limited company with a colleague to build two new houses. Thay were advised to take out a personal loan of £90k each (Interest only) and when the buildings were to complete to r… read more
Senior Partner
Senior Partner
Bachelor's Degree
5 satisfied customers
Further to my situation I am currently a 50% shareholder
Further to my situation I am currently a 50% shareholder and my ex business partner is the other 50% shareholder he stepped down as a director 2 weeks ago in that time i have been trying to resolve th… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
i was a joint director and shareholder in a business the sells
i was a joint director and shareholder in a business the sells web design to small businesses, i had a mistrust of my partner from the start for some reason....... i was right to, he was responsible f… read more
Senior Partner
Senior Partner
Bachelor's Degree
5 satisfied customers
As you are aware I enquired some time ago about reclaiming
As you are aware I enquired some time ago about reclaiming VAT back on a fitted kitchen in an approved alteration in Grade 11 Listed Building. I uunderstand that I can claim the VAT back ( £9,400 Kitc… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,120 satisfied customers
I am a director of a ltd company that has just recieved a solicitors
I am a director of a ltd company that has just recieved a solicitors letter. They are threatening to sue for £13000 and say that they will go after the directors personally if there are no assets. We … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,142 satisfied customers
Please can you tell me what information the following are legally
Please can you tell me what information the following are legally required to put on the following documents. A partnership An LP An LLP A limited company on Contracts Fee notes Invoices Many thanks… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,142 satisfied customers
I run an accountancy practice. Letters of engagement are
I run an accountancy practice. Letters of engagement are issued in name of xxxassociates The corporate name ( ABC LTD)is where all tax etc is paid inc vat. Invoices are xxxassociates is the trading na… read more
uklawyer
uklawyer
Solicitor
Master's Degree
34 satisfied customers
Can new buyer of business try to claim vat back froma comany that is n
Hi my name isXXXXX I bought into a business back in Sept 2004 the business originally was sole trader business and belonged to Paul Mallick, but being commercially naive I handed over £25000 to Paul M… read more
PTS Law Ltd
PTS Law Ltd
Personal Injury Consultants
2,270 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x