Received a claim, claimant unknown!

[ploddertom]

Well it could be - a debt purchaser, a debt collector, a solicitor, a factor or any amount of associated trades who are instructed by the originator to collect. Hope you don't get to Court, lose and then have High Court Enforcement Agents instructed who can force entry to your premises and empty them of both stock and any other assets that may be available.

[ostell]

So for goodness sake get some information from him that may give you some idea why he is claiming so that you can defend instead of trying to guess.

And yes he can claim from you, as already stated.

[michaeldigby]

The claimant is a female with a residential address. Not a debt collector, not a solicitor.

The customer the amount relates to is a company with a business name and business address.

So again I ask, I have not dealt with said claimant, my records don't have a sales order under the claimants name or address.

Claim details are very limited and claim a certain amount owing with no further explanation or details. All I can see is the claimant name, address (which don't correspond to anything I have, the amount, the court fee and the total fee.


What would you respond to such a claim?

[michaeldigby]

Hope you don't get to Court, lose and then have High Court Enforcement Agents instructed who can force entry to your premises and empty them of both stock and any other assets that may be available.

My friend a long way from getting to court, I only received the court docs this week. And *even* if it did get to court and I lost that is still a long way from High Court Enforcement Agents arriving at my premises.

[ostell]

So what are you going to put in your defence, to be in 33 days after date of issue of the claim? So you need to get the additional information from HER

SHE is the only person that can provide the information you seek.

A defence of "I don't know what it's about" won't wash.

[michaeldigby]

So what are you going to put in your defence, to be in 33 days after date of issue of the claim? So you need to get the additional information from HER

SHE is the only person that can provide the information you seek.

A defence of "I don't know what it's about" won't wash.

I understand that, but I need to know who the person suing me is and what connection they have with the business.

As it stands I have taken over a business from someone who sadly died from COVID a few months ago. I am trying my best with what I have and this is the first legal case I have faced, so I appreciate the advice here.

I have all the orders and customer info and she is not a customer. I can find the amount as an order total, but from what I can see it is a company and the address is some where else in the UK. And the person who placed the order is a male.

The claimant is a Miss XXX XXX and the address is 100s miles away.

The claimant provides little detail and doesn't state that she represents a company.

So again, as it stands I have a claim in front of me from someone who is not a customer.

Do I respond to the claim and state that I cannot connect the claimant and claimant address to an order?

Or do I state that I am able to locate the amount, but the order is associated with someone else.

[michaeldigby]

So for goodness sake get some information from him that may give you some idea why he is claiming so that you can defend instead of trying to guess.

And yes he can claim from you, as already stated.

He is not claiming from me.

[wales01man]

Have you tried to find out more about this customer you have details of an order for same amount as the claim if its from a LTD company you can get details of owners and shareholders from companies house. If this Company/ is not LTD do they have a Website and or online presence Ebay Gumtree Facebook Etc until they give you more info any advice on here may not help .

[ostell]

He is not claiming from me.

I would suggest you stop being so pedantic and provide some info so that people can formulate some help.

Is this person a customer of your customer and should really be claiming from your customer under consumer rights legislation?

Why not post up a redacted particulars of claim so people can see what this is about?

[efpom]

So, it would seem that your firm’s defence, so far, amounts to this:
"“The defendant has no record of ever having entered into any contract with the claimant for the sale and delivery of any goods to her."”

If the claimant can prove the opposite, in my view, the court is likely to rule in the defendant’s favour.

Further, if the court concludes that either party has been unreasonable in it’s conduct of the proceedings, it can, of it’s own motion, award costs against that party.

Here, by failing to request from the claimant further and better particulars of her particulars of claim aka statement of case, the defendant sets itself up for a costs order against it.

One depressing feature of this matter is that the poster seeking assistance on this board decides for himself what information is relevant. One problem with that is that it prevents contributors to this board, many of whom are legal experts, from giving him assistance

Those contributors devote their free time and their expertise ,‘pro bono’, aimed at assisting people with legal issues.

If any poster is not willing to volunteer information specifically requested from him, aimed at enabling that assistance, my view, for what its worth, is that that poster is being unreasonable.

[michaeldigby]

I'm asking the simply question if someone who has no connection to the claimant can sue the company.

The person who's order belongs to is not a LTD company, its Mr David Smith trading as XYZ Company

The claimant is a completely different name and no mention of the company name.

[des8]

To answer your question simply:
Anyone can sue anyone else whether or not there is a connection
If there is no connection the difficulty then arises for the claimant to prove the claim
The difficulty arises for the defendant who does not recognise the claimant.
That does not mean the claimant doesn't have a claim
To enter a defence the defendant needs to obtain details of the claim: claiming ignorance of the defendant is unlikely to prove a successful defence

If you want help from posters you need to answer their questions