How can this be right ?

Fergie_55

My daughter worked for a company who went bust. She was an Office Adminstrator and as such ordered stationery for the company as part of her duties.

She has now received letters and a court summons saying that she owes over £800 for stationery. She has written to the court explaining that she was just an employee and giving the name and address of one of the directors but they are continuing with this and she cannot afford to pay to lodge a defence (single mother with one child who works full time). Surely this cannot be right ?

Can anyone advise please ?

Kazz81

Were the goods ordered in her name or in the companies name? How did she pay for the goods in the past? Was it on an account in the companies name?

She SHOULDNT be liable but it will depend on how things were set up....

Judas

Unless she clearly represented herself as an agent then it will be hard to defend.

poet123

Depends on whose name they were ordered in, who was invoiced, how the previous bills were settled (personal cheque, company cheque or card) and whether a reasonable person would assume she was acting as an agent or personally.

maninthestreet

Who is taking her to court - the stationery supplier?

adam.mt

Need more details!

If, for example, she was used to ordering in her own name and paying on her own personal credit card, then claiming that money back from her employer, then I can see where the stationery supplier is coming from (ie. she's likely liable). However, if ordered in her companies name and invoiced and paid by the company then I don't see the case has much merit.

She can defend herself, there's no need to get a solicitor or lawyer; it's likely just the same claims court. Just make sure she's clear of her facts and has all possible evidence.

Fergie_55

Thanks for all your replies.

Yes she ordered on behalf of the company, it was on a company account on line and the invoice was addressed to and paid by the company. The only involvement was in actually ordering via a company account on line, but with her name as the purchasing contact.

It is the stationery company who have started proceedings.

The court documents are asking for a fee to be paid up front of £75, but why should she ? it just seems unfair.

Judas

Did she sign the original agreement ? If so what did the terms say?

adam.mt

Fergie_55 wrote: »

The court documents are asking for a fee to be paid up front of £75, but why should she ? it just seems unfair.

Because if she doesn't defend herself she might lose!

Only other option is to see if she can speak directly to the person responsible at the stationary company and explain the situation; once they know the complete picture they may change their minds. There's certainly nothing to lose and it could avoid the inconvenience of court.

CapJ

She should phone the court about the £75. I've never heard about the defendant in a small claims court having to pay merely to defend. They might help her - I suspect that it is either that the company has paid this fee to the court or she has to pay £75 if she wishes to counterclaim (and then perhaps over a certain value). Either way she needs to submit a defence in order to avoid a default judgement.

unholyangel

Fergie_55 wrote: »

My daughter worked for a company who went bust. She was an Office Adminstrator and as such ordered stationery for the company as part of her duties.

She has now received letters and a court summons saying that she owes over £800 for stationery. She has written to the court explaining that she was just an employee and giving the name and address of one of the directors but they are continuing with this and she cannot afford to pay to lodge a defence (single mother with one child who works full time). Surely this cannot be right ?

Can anyone advise please ?

Is there anything else that might be relevant that you've maybe forgotten about? Had they written to her previous of the court summons?

Before applying to the court

You must try and settle a claim before taking court action. If you do not try to settle first, the court may penalise you. Only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply – a month is usual. You should also warn them that you will take court action if they fail to reply within the given time.