Civil summons

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bettyboop

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Hi

Wondering if anyone would have info on this. My partner had a busniess which was liquidated last year he has just got a civil summons from 1 of his customers who had paid a deposit but didnt receive goods. She has stated in the summons that she dealt with him directly as a tradesman and not with the company so is coming after him personally.
He still had his order books so we had the copy of her order and deposit paid which was signed by her and another employee at the company she hadnt actually paid the deposit to my partner.
We looked for advice from a solicitor and he has said she has a strong case because of the company name on the order book.

Company name is (example) Joe Bloggs timbuktoo Ltd T/A Joe Bloggs

Order book only has the Joe Bloggs as this was what it was trading as but not the timbuktoo Ltd and solicitor says because of this she a right to come after him personnally.

Can anyone shed some light on this as i really dont understand it and im worried if this is successfully will we have a long list of civil suits against us.

Thanks
 
I think you need to put in a defence with all supporting evidence that you were trading as a limited company and that the liquidator should be dealing with the issue. It would be up to the judge weather he/she believes you or not.
Were you paid deposit by cheque ? Was it lodged to a company account ? I think you need to prove it was a deposit through the company and not for a nixer for cash . I know of a friend who was a company owner/director of liquidated company who have been dragged in front of a judge by a leasing company looking for blood only to be told to contact the liquidator.If you dont defend yourself they will get a judgment.
 
Plan to defend alright just didnt realise this could arise as we sought legal advice before liquidation and were told this couldnt happen.

Deposit was paid by cheque but it was in nov 09 and i only have bank statements dating back to feb 10.

This is the reason goods were not received she paid deposit in 09 and by the time she was ready for the goods company had gone unfortunately.
 
Get proof cheque was lodged to company account and you have nothing to worry about , the bank will trace the cheque if you ask but give it plenty of time , dont go to court without proof !IMO.
 
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