County Court Claim with incorrect claimants name

[MadKen]

My friend has received a count court claim for something that he disputes.

Just to be clear ABC LIMITED is not the actual name on the Form.

Claimants name has been written as:
ABC T/A ABC LIMITED

The original disputed debt was in the name of ABC LIMITED.

Additionally the Statement of truth has been filled in as (I believe) that the facts stated in these particulars of claim are true. Full name has been filled in as ABC LTD and the Name of claimant's solictor's firm has the name of the person who filled in the claim. Signed as the (claimant)

Further to this the company should have as of today gone into compulsory liquidation.

My question is, if the company was trading I would have defended this and counter claimed against it, which based on the counterclaim would mean i have to pay court fees.

Is it possible to get the judge to dismiss this based on the name issue so that I can avoid any fees? I don't feel this is a mistake but intentional so that payments are banked into a sole trading entity of ABC diverting funds away from the receiver.

I would appreciate any help that anyone could give on this?

Thanks



Ken

[jaguarsuk]

My friend has received a count court claim for something that he disputes.

Just to be clear ABC LIMITED is not the actual name on the Form.

Claimants name has been written as:
ABC T/A ABC LIMITED

The original disputed debt was in the name of ABC LIMITED.

Additionally the Statement of truth has been filled in as (I believe) that the facts stated in these particulars of claim are true. Full name has been filled in as ABC LTD and the Name of claimant's solictor's firm has the name of the person who filled in the claim. Signed as the (claimant)

Further to this the company should have as of today gone into compulsory liquidation.

My question is, if the company was trading I would have defended this and counter claimed against it, which based on the counterclaim would mean i have to pay court fees.

Is it possible to get the judge to dismiss this based on the name issue so that I can avoid any fees? I don't feel this is a mistake but intentional so that payments are banked into a sole trading entity of ABC diverting funds away from the receiver.

I would appreciate any help that anyone could give on this?

Thanks



Ken

If you wanted to apply to strike out the claim you would have to pay a fee to do it, so you wouldn't avoid any fees, Also usually when successful

Further a sole trader cannot trade as a limited company name, ABC Ltd could trade as ABC, but not the other way around.

Only the entity that you entered into a contract with can bring a claim against you, so if you had an agreement with ABC Ltd only that entity can bring a claim. I might be inclined to inform the official receiver that the directors are trying to recover debts of the company by fraudulent means.

It is pointless counterclaiming against a company going into liquidation as by the time you win any judgement all you'll have is an expensive piece of paper which you can't enforce.

I'd defend the claim on the basis of no cause of action due to having never entered into contract with them and that the directors have no legal right to bring a claim only the receiver does in any event.