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

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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: 8 years ago.Category: UK Law
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Answered in 12 minutes by:
1/22/2009
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 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
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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

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Customer reply replied 8 years ago

XXX

Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 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
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Customer reply replied 8 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 8 years ago

Sorry.

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

Mike

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Customer reply replied 8 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 8 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

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Customer reply replied 8 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 8 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.

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Customer reply replied 8 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 8 years ago

Dear lianne

Payment recd. Thank you.

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

OK?

Mike

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Customer reply replied 8 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 8 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

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Customer reply replied 8 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 8 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 8 years ago
i would like to do the draft how much would that be
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 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

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Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 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 8 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 8 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.

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Customer reply replied 8 years ago
no prob I will do it Saturday
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 years ago

I'll watch this space.

Mike

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Customer reply replied 8 years ago
I have just scanned two documents they are jpegs how can i send them to you, on this page
Customer reply replied 8 years ago

XXX

Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 years ago

Dear Lianne

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

Mike

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Customer reply replied 8 years ago
Just a reminder. I am waiting for the document. Thanks
Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 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

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Solicitor: PTS Law Ltd, Personal Injury Consultants replied 8 years ago

XXX

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Customer reply replied 8 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 8 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.

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