Hi all not sure if this is the correct place to post, if it's not could someone redirect me please.

Anyway I need a little advice, will be going to the Citizens advice, but would like to see the response here first.

A bit of history, 2 years ago I was company sectary of a company, which 12 months age ceased trading and had a couple of outstanding liabilities to another companies one of which was for just over ?700.00.

I have just received a letter from the DCA (not a court approved one) saying one of the companies have a writ in my name (well not my full name, its my nick name then my sir name) now for ?500+ Trading As (Ta) a company I’ve never traded as!!!, which has been sent to my home address. This is the first I’ve heard of it, I’ve never been given the opportunity to fight and case in court (which I would have done as the debt belongs to a Ltd company and not myself), which could be proven quite easily as the invoices from the claimant we addressed to the Ltd company and every payment they ever received was done so by company cheque.

At no point did I ever personally guarantee anything.

Having spoken to the courts they have told me the address that all the correspondents were sent to, which was the old office address of the Ltd Company, and not even the registered office address.

Now I’m not disputing if the claimant is owed the money, but that as they dealt with me on a few occasions they have taken court action against my name and not the companies name, and it’s the company that owe them the money, a company that has other directors who I believe they should have contacted and taken to court, rather than me the company sectary!

What are your thoughts?

Any responses would be appreciated!
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Seems like theya re fishing. I am little confused though because on the one hand you are saying a debt collection agency. OTOH you are talking about courts.

Are they chasing an alleged debt, or are they chasing a county court judged debt? Because if the latter it is normally bailiffs that are appointed not mickey mouse DCA's.

if you tell them you dispute the debt, and that you want full disclosure of the alleged debt, then they are not allowed by LAW, to make contact with you until this has been provided, as this would be classed as illegal harassment and they can be reported to the OFT, and possibly lose their Consumer credit licence for debt collection.

Be calm, and tell them you want complete disclosed documentary evidence of this debt, and that if they contact you again without first providing this, you will class it as illegal harrassment and report the matter to your local Trading Standards officer and the OFT.

You have alegal right to this information, so don't let them put it off. Also ask them if the conversation is being recorded, if they say yes, state later on when being forcefull that if you have to report the matter,you will request a copy of the tape under the data protection act, to use as evidence.

There is no need to go in all guns blazing, i am just making you aware of the power you have to stop them brow beating you. :)

Good luck with this.
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They are trying it on. Write to them and ask for the contract which shows you being responsible for the debt. Send it recorded deliver.
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They are trying it on. Write to them and ask for the contract which shows you being responsible for the debt. Send it recorded deliver.


What she said, in so many less words than I . bean counters see, they don't waffle like us normal people ;)
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What she said, in so many less words than I . bean counters see, they don't waffle like us normal people ;)


time is money :p
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Advice from Elaine and Old Welsh Guy is sound and I agree with them that you should not take this personally but deal with it in a logical way. They are trying it on and from your initial comments they have very little chance.

So the message is don't give them a chance either, keep all conversations and written replies to them short as you don't want to give them any information they may not already have.

From what you have written you appear to be falsely being chased for this. If the company you worked for was trading while insolvent then if the creditors have proved in court that the directors continued to enter contracts and lose money after they were insolvent then there is a risk they could receive personal claims but that is subject to various legal stages and does not affect yourself as you were not a director but the company secretary and as such operating under the direction of the company directors.

Hope citizens advice with help and perhaps take on board the negotiation to get rid of these leeches.
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Thanks for the replys so far,

A bit more information,

They have a fi fa?? From the queens bench apparently (which i have had confirmed by Oxford High Court)! He (the court officer I spoke to) told me this is what a company / solicitor would ask for when they want to be able to appoint their own bailiffs!

I have requested (over the phone) for copies of any court documentation they may have on me, to which they said I could come in and view them but they wouldn't send me copies, and “you’ve been sued so you have no choice but to pay!”

Also, they had my address down, on the court documents as the trading office address of the company, which I haven’t worked at for well over 12 months, not my home address, which they obviously knew as they sent me this letter last week, that being the first time I've heard about it.

Also, what about the fact that it’s not really my real name, its my nick name then my sir name, does that make the court doc’s unenforceable?

Hey guys thanks for Info so far, I’m felling a lot less nervous about this now.

G
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it is a pigs guts, and unenforceable. When the bailiffs turn up, you say 'no such person'

you REALLY need to take legal advice, but the first thing I would do would be to apply to the court to have the matter set aside for an additional hearing, on the basis that they have served the documents in the wrong name, and at the wrong address. BOTH of which are material facts to the legality of a judgement
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Thanks for the replys so far,

Oxford High Court


Is there such a thing. I thought:

High Court judges are assigned to one of the three divisions of the High Court - the Chancery Division, the Queen's Bench and the Family Division. The Chancery Division deals with company law, partnership claims, conveyancing, land law, probate, patent and taxation cases, and consists of 17 High Court judges, headed by the Chancellor of the High Court. The division includes three specialist courts: the Companies Court, the Patents Court and the Bankruptcy Court. Chancery Division judges normally sit in London, but also hear cases in Cardiff, Bristol, Birmingham, Manchester, Liverpool, Leeds and Newcastle.


I think you should get this moved to legal and a legal bod can advise on it.
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I agree with the above it all sounds odd to me. A high court writ for ?700 seems a sledge hammer to crack a nut.
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How do i move it to legal?

And also, it was Crown Court not high court, sorry for confusion.
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