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Received a money claim, but they are claiming against the wrong ltd company

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  • Received a money claim, but they are claiming against the wrong ltd company

    Hi,

    hoping someone can help!

    My company has received a county court money claim from a previous customer, although the claim is complete nonsense, and I am confident we would win - they have also filed the claim against the wrong limited company. although they have the address details and contact person correct, the the Ltd company they have claimed against does not exist.

    How should I respond? should I just ignore the claim, knowing that the judgment wouldn't be made against my company? Or, should I highlight the error when rejecting the claim?

    Any advice would be helpful.

    Thanks

    Dave
    Tags: None

  • #2
    Dave: Is the claim intended to be against your company but mistakenly quoting another company name as defendant? It sounds to me like an error that the claimant ought to be able to correct, so yes, you should deal with this seriously.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi Atticus, thank you for the response.

      Yes, the claim is intended for us, however, the claimant has used our trading name and added 'Limited' at the end. The company name they have used, does not exist.

      So if we were to respond and reject the claim, should we highlight the error?

      Thanks
      Dave

      Comment


      • #4
        I think you are going to have to defend this claim and not try to rely on this error as some kind of 'get out of jail free' card.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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