Small Claims Court

[nokiauser]

I am a director of a Ltd company that had a sub contractor carry work out for me, he would not furnish me with his CIS details so I could not pay him. I also had some outstanding details with him regarding workmanship etc. He promised he would take me to court but I never heard anything else. This was nearly a year ago, although my company still exists it no longer trades, hasn't for around 8 months.

This week I received a letter from the courts stating that I had to appear in court. When I called the courts I found out that a claim had been put in but to a previous address that was once used by my company but has not for over two years and was not the registered office at the time of the claim.

I\'m at a loss as what to do, I legally have to turn up to the court, which I have no problem with but hopefully I can have the case set aside, will I be liable for the costs even though the payment problem stems from the claimant?

Thanks in advance.

[auzzie]

I am not a proffessional but my input is this. Did you agree to pay this person any money at all at the time the payment was due?
If so what was the outcome. What was the reason for not supplying his CIS. Did the work fall under the CIS rules? Did you advise him of his shoddy workmanship at the time, verbally or in writing? What was the outcome of that? You need to submit a defence on the form that the courts sent you explaining why payment was not made to him. If you are prepared to make an offer, you need to state how much and that it would be paid once you have seen his CIS card. (if it falls in that category) If the company no longer has any finances, you also need to state that too. Give the court as much info as you can, but bear in mind that the claimant will receives a copy. It will be up to him to decide if this is worth pursuing? Are we talking lots of money? Does your company have much in the way of assets? I worked for a company that took someone to the small claims and won, but as yet has not been able to retrieve any part of it! The debt is 2 years old but the the company works on a deficit and has no real assets that will cover the amount owed!
Hope this helps in some way!