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#Post#: 36133--------------------------------------------------
Issuing County Court proceedings 5 years and 6 months after the
event.
DIR By: Korting
Date: September 8, 2024, 5:24 pm
---------------------------------------------------------
In January 2019, a customer gave me a company cheque for work
that I carried out on their private equipment in their home.
Without telling me, they stopped the cheque.
They said they weren’t happy with the work.
I offered to return and correct it at no further charge, but
they refused.
At the end of January, I sent the director a ‘notice before
action’ but didn’t follow it up.
I know I have up to 6 years to issue proceedings, but do I have
to issue another notice before action letter?
#Post#: 36153--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Southpaw82
Date: September 9, 2024, 3:06 am
---------------------------------------------------------
Who are you suing, the director or the company?
#Post#: 36167--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Korting
Date: September 9, 2024, 4:32 am
---------------------------------------------------------
I suppose the company as its a company cheque, I could of course
sue both the company and the director but do I then need to send
two seperate letters action before claim?
#Post#: 36192--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Southpaw82
Date: September 9, 2024, 5:49 am
---------------------------------------------------------
Well, you don’t need to send a letter before action at all, in
the sense that your claim would still be lawful if you didn’t.
However, it’s good practice to do so.
The claim against the company seems to be the simpler one, as
there are very few defences against a dishonoured cheque. Does
the company have the funds to pay if you win?
Any claim against the director runs into problems, as generally
the person who signs the cheque isn’t liable, the person on
whose account the cheque is drawn is liable. There are potential
alternative causes of action against the director but much would
depend on the facts.
#Post#: 36206--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: DrSatan
Date: September 9, 2024, 7:39 am
---------------------------------------------------------
What will matter here is who your contract was with. Your post
makes reference to the director's home and a company cheque, but
the detail matters.
If your contract was with the director and he tried to pay you
with the company's money, then it's the director who owes you
payment for the work and you'd sue him.
If, on the other hand, the company hired you to do work on the
director's home, then it's the company you'd sue.
I appreciate that with personal companies like this it may well
be difficult to know exactly who the contract was with,
especially 5 years down the line.
Also please be aware that if you do have to sue the company,
depending on their asset position you may find it very hard to
actually get the money out of them, especially if they
liquidate.
#Post#: 36212--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Southpaw82
Date: September 9, 2024, 8:26 am
---------------------------------------------------------
Who the contract is with isn’t relevant to the dishonoured
cheque. It is a cause of action in its own right.
#Post#: 36802--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Korting
Date: September 13, 2024, 6:39 pm
---------------------------------------------------------
--- Quote from: DrSatan link ---
>
> What will matter here is who your contract was with. Your post
makes reference to the director's home and a company cheque, but
the detail matters.
>
> If your contract was with the director and he tried to pay you
with the company's money, then it's the director who owes you
payment for the work and you'd sue him.
> If, on the other hand, the company hired you to do work on the
director's home, then it's the company you'd sue.
>
> I appreciate that with personal companies like this it may
well be difficult to know exactly who the contract was with,
especially 5 years down the line.
>
> Also please be aware that if you do have to sue the company,
depending on their asset position you may find it very hard to
actually get the money out of them, especially if they
liquidate.
>
--- End Quote ---
I was originally asked by the director to carry out the work,
which I did. When it came to paying the bill, she asked if she
could pay by company cheque and could I make the invoice out for
'office repairs'.
I don't have that invoice, what I have is the invoice for
carrying out work to her radiogram and a vintage radio.
I suppose I could sue both the director and the company.
I could also have a word with HMRC as she's obviously fiddling
the tax.
The company has assetts of thousands of pounds.
#Post#: 36804--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: slapdash
Date: September 14, 2024, 12:19 am
---------------------------------------------------------
--- Quote from: Korting link ---
>
> I could also have a word with HMRC as she's obviously fiddling
the tax.
>
--- End Quote ---
Of course she might be but it's certainly not obvious she is.
"Office repairs" is not an entirely unreasonable description for
what could in fact be a corporate asset and office equipment.
#Post#: 36806--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: 666
Date: September 14, 2024, 2:11 am
---------------------------------------------------------
--- Quote from: Korting link ---
>
> [quote author=DrSatan link=topic=3074.msg36206#msg36206
date=1725885575]
> What will matter here is who your contract was with. Your post
makes reference to the director's home and a company cheque, but
the detail matters.
>
> If your contract was with the director and he tried to pay you
with the company's money, then it's the director who owes you
payment for the work and you'd sue him.
> If, on the other hand, the company hired you to do work on the
director's home, then it's the company you'd sue.
>
> I appreciate that with personal companies like this it may
well be difficult to know exactly who the contract was with,
especially 5 years down the line.
>
> Also please be aware that if you do have to sue the company,
depending on their asset position you may find it very hard to
actually get the money out of them, especially if they
liquidate.
>
--- End Quote ---
I was originally asked by the director to carry out the work,
which I did. When it came to paying the bill, she asked if she
could pay by company cheque and could I make the invoice out for
'office repairs'.
I don't have that invoice, what I have is the invoice for
carrying out work to her radiogram and a vintage radio.
I suppose I could sue both the director and the company.
I could also have a word with HMRC as she's obviously fiddling
the tax.
The company has assetts of thousands of pounds.
[/quote]
On the subject of tax, shouldn't you have kept that invoice for
six years?
#Post#: 36812--------------------------------------------------
Re: Issuing County Court proceedings 5 years and 6 months after
the event.
DIR By: Korting
Date: September 14, 2024, 4:32 am
---------------------------------------------------------
--- Quote from: 666 link ---
>
> [quote author=Korting link=topic=3074.msg36802#msg36802
date=1726270751]
> [quote author=DrSatan link=topic=3074.msg36206#msg36206
date=1725885575]
> What will matter here is who your contract was with. Your post
makes reference to the director's home and a company cheque, but
the detail matters.
>
> If your contract was with the director and he tried to pay you
with the company's money, then it's the director who owes you
payment for the work and you'd sue him.
> If, on the other hand, the company hired you to do work on the
director's home, then it's the company you'd sue.
>
> I appreciate that with personal companies like this it may
well be difficult to know exactly who the contract was with,
especially 5 years down the line.
>
> Also please be aware that if you do have to sue the company,
depending on their asset position you may find it very hard to
actually get the money out of them, especially if they
liquidate.
>
--- End Quote ---
I was originally asked by the director to carry out the work,
which I did. When it came to paying the bill, she asked if she
could pay by company cheque and could I make the invoice out for
'office repairs'.
I don't have that invoice, what I have is the invoice for
carrying out work to her radiogram and a vintage radio.
I suppose I could sue both the director and the company.
I could also have a word with HMRC as she's obviously fiddling
the tax.
The company has assetts of thousands of pounds.
[/quote]
On the subject of tax, shouldn't you have kept that invoice for
six years?
[/quote]
I would have probably given her the invoice for work done on the
radiogram, I don't remeber giving her an invoice for 'office
work'
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