Court Claim

[Jon56]

Hi
I have received a County Court Claim in my name rather than my Limited Company name. Neither party has instructed a solicitor due to the low value of the claim. I have tried to contact the claimant to tell them this however they are not responding. Are you able to advise how to notify the Courts as I am struggling to go about this.
Thank you

[atticus]

You need to fle a defence stating that you do not have personal liability because the claimant should have brought its claim against [company name].

[Jon56]

Thank you very much.
So in the first instance simply advise of this rather than sending my reasons for defence including sending evidence documents etc?

[atticus]

Isn't YOUR Defence that YOU are not liable to this claimant? YOUR COMPANY'S Defence - if it is sued or the claim is amended - may be more detailed.

[Pezza54]

Write your defence on form N9B Defence and Counterclaim Q3.1

[Jon56]

Thank you both. Very much appreciated

[pc52straw]

What's the context of the claim? (Rhetorical question, no need to answer.) if this is going to be your defence, and there's a genuine reason why the claimant thought you were personally liable, the judge may want to see the evidence, and the judge could ask how early or late into proceedings did you raise this defence with the claimant.

I've personally heard some judges side with the claimant if a landlord in breach of contract is the defendant, all correspondence and a tenancy agreement is directly with a named landlord not the limited company.

But I've also heard judges accept the defence argument in almost identical circumstances.

[Jon56]

I provided a documented research service. Although I believe that I fulfilled the request, the claimant does not believe so.
I received the court claim a week ago and have prepared all of my documentary evidence to send however realised that it should be in the limited company name and not me as an individual. So the choice is send a simple defence saying that it should be in my company name or send my documented defence and at the same time advise that my company is the defendent.

[Jon56]

I dont wish the court to think I am delaying /being difficult if that makes sense.

[atticus]

You could file a defence as follows.

1. There is no claim against you. The claimant contracted with [company] of which you are a director.

2. If the claimant were to have sued [company], it would defend on the following grounds[list them].

[Jon56]

Excellent, thank you very much

[Jon56]

Is it just form N9B I
return or do I return Acknowledgment of service page also?

Also on the Defence and Counterclaim form it asks for Name of court?

Are you able to advise?

Final questions for now!!!

[atticus]

Definitely acknowledge service. The name of the court is on the Claim Form.

Download the guide - link in my signature.