Breach of Contract

[ASB]

think i might just end up going to court - as far as I am concerned.

Go to court. But see a commercial solicitor first. Do not accept liability for the debt. You do ideally need proper representation. If you roll over you are just submitting to their blackmail.

Under the circumstances you have described their claim is a bit tenuous.

Edit: I would suggest you do not respond in any way until you have taken advice - if you reply in the wrong terms you may find that you inadvertantly make your position worse. At the very least "without prejudice" any response.

[fzbucks]

Go to court. But see a commercial solicitor first. Do not accept liability for the debt. You do ideally need proper representation. If you roll over you are just submitting to their blackmail.

Under the circumstances you have described their claim is a bit tenuous.

Edit: I would suggest you do not respond in any way until you have taken advice - if you reply in the wrong terms you may find that you inadvertantly make your position worse. At the very least "without prejudice" any response.

anyone ever used a commercial solicitor before - how much is that likely to cost myco?

[ASB]

anyone ever used a commercial solicitor before - how much is that likely to cost myco?

Most practices will have a partner specialising in commerical matters. Try your regular solicitor first. Ours costs about 160/hour.

[JaredM]

I can't see that this question has been asked already but: have you opted out of employment regulations?

If not then you're in the clear (I had this battle already and won).

If you have then follow the advice already given: see a specialist legal advisor. If it were me I'd tell them I'll see them in court and if they issue the summons then I'd pay myself a big salary and wind-up the company.

[fzbucks]

I can't see that this question has been asked already but: have you opted out of employment regulations?

If not then you're in the clear (I had this battle already and won).

If you have then follow the advice already given: see a specialist legal advisor. If it were me I'd tell them I'll see them in court and if they issue the summons then I'd pay myself a big salary and wind-up the company.

I did sign an opt-out (but after the interview at the client site) don't know if all this talk about an optout not being valid if the introduction has already taken place - but I have sent them a letter now asking how the amount they say I am due has been calculated and how the actions of myself or myco have caused these losses.

can't do the pay big wage/wind up company thing as they are holding me personally liable - just cheked the contract and it is there - stupid me I know but we live and learn.

[oraclesmith]

anyone ever used a commercial solicitor before - how much is that likely to cost myco?

I have - Wollastons.

Good firms will give you a free consultation session first to see if the case is worth pursuing and whether they can help. The firm will probably have a range of rates depending on what skills you need - eg. from basic legal administrative support to a full-on court appearance by a barrister. If they are reputable they will give you a proper quote before proceeding, based on previous cases. If you don't like what they're offering you can always shop around.

[Old Greg]

I did sign an opt-out (but after the interview at the client site) don't know if all this talk about an optout not being valid if the introduction has already taken place - but I have sent them a letter now asking how the amount they say I am due has been calculated and how the actions of myself or myco have caused these losses.

can't do the pay big wage/wind up company thing as they are holding me personally liable - just cheked the contract and it is there - stupid me I know but we live and learn.

Can they hold you personally liable, even if you signed the contract? I wasn't aware that you as a Ltd. Co. Director can transfer some liability from your Ltd. to you as an individual - surely the 2 (Ltd. and you) are separate legal entities? Not that I have any expertise in this at all.

[TheFaQQer]

Tempting as it is, they could refuse to accept settlement in £1 coins, as above a certain amount it ceases to be legal tender (£20 I seem to recall). This applies to all coinage.

There's no limit on £1 or £2 coins.

[TheFaQQer]

Can they hold you personally liable, even if you signed the contract? I wasn't aware that you as a Ltd. Co. Director can transfer some liability from your Ltd. to you as an individual - surely the 2 (Ltd. and you) are separate legal entities? Not that I have any expertise in this at all.

Yes - they can put something in the contract that holds the company and it's personnel jointly and severably liable. i.e. they can go after the company, or you, or both.

I had the same thing with Amex years ago, when they chased me for £6 on my corporate credit card, six months after I'd left the company. I tried to point out that Oracle had more money than I did, but they chose to go after me instead of the company.

[ASB]

There's no limit on £1 or £2 coins.

Yes, but there is nothing that forces anybody to accept legal tender in settlement of a debt so they still wouldn't have to accept it.

If, however, the debt was being settled by court order then I think they must accept legal tender.