How can this be right ?

Equaliser123

Judas wrote: »

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

Even if it was an agency, they should pursue the principal.

Equaliser123

Unless she was either a guarantor or a director and was wrongfully trading (neither are likely), she has no liability.

Judas

Equaliser123 wrote: »

Unless she was either a guarantor or a director and was wrongfully trading (neither are likely), she has no liability.

If the OP's daughter wrongly signed the agreement though as a director purporting to have agency power that she didnt which has then prevented the agreement being enforced this could be problematic.

Equaliser123

Judas wrote: »

If the OP's daughter wrongly signed the agreement though as a director purporting to have agency power that she didnt which has then prevented the agreement being enforced this could be problematic.

She was an office administrator. If she clearly did not have ostensible authority to sign then there probably is no contract at all...

However, it was an ongoing duty so clearly would have had ostensible authority and, as such, the company - not her - is bound. Agency doesn't come into this.

Complete defence.

poet123

I agree, from the OP's second post it is clear the daughter was acting in her capacity as an employee of the comapny in a purchasing role. Thus she has no liability, the liability lies with the company.

cyberbob

Got to CAB and get some advice there. They should be able to advise you on the next action

Equaliser123

The biggest point here is to file an acknowledgment of service indicating that the matter will be defended.

Fergie_55

My daughter just took over the ordering of stationery when she started for the company, but the account was already in place so she did not sign anything, just took it on as one of her duties.

When she got the original letters claiming the £800, she contacted one of the directors wives of the failed company, who had worked in the office with her and she sent a cheque for £75 to the court, which they claim they cannot find and asked for another to be sent. This lady was then out of the country but my daughter has been dealing with a baliff based in the court offices who kept telling her not to worry about it as there was no way she could be found to be responsible !!! just to ignore the letters. This lady was supplied with the address of one of the directors but this has now progressed through to a court date.

On contacting the CAB we were told there is a two week waiting list for a 20 minute appointment which will be used to decide whether a full appointment is necessary !!

There are solicitors in town who do free surgeries on Saturday mornings so we are going to go down and see what they advise, but it is stressing her out and she has never been in this position before.

poet123

If it goes to court she needs to take with her all the evidence she has which identifies her as an employee of the company. Documents such as contract of employment,(job ad listing roles and responsibilities) wage slips etc. The case will be thrown out. They are simply taking a punt that she would pay up to avoid a court case.

Auntie-Dolly

How did the stationary company get her hme details?