Changing name of defendant on MCOL claim

[tmarshall57]

Good morning,

I have raised an MCOL claim against TUI UK Ltd in the sum of £490. They have indicated that they plan to defend the claim on the basis that the claim should have been made against TUI Airways Ltd which has the same registered address.

I've checked the small print T&Cs against the flight only booking I made and this assertion is correct. To correct this I believe I need to complete a N244 form and I have seen examples of how to complete this but I am unaware of the fee that needs to be paid and whether this will bring the case outside of the MCOL system. I've read the EX50 fees guidance but I'm confused as to which fee would apply to the change of defendant name.

I would be grateful for any information / advice.

[pt2537]

Good morning,

I have raised an MCOL claim against TUI UK Ltd in the sum of £490. They have indicated that they plan to defend the claim on the basis that the claim should have been made against TUI Airways Ltd which has the same registered address.

I've checked the small print T&Cs against the flight only booking I made and this assertion is correct. To correct this I believe I need to complete a N244 form and I have seen examples of how to complete this but I am unaware of the fee that needs to be paid and whether this will bring the case outside of the MCOL system. I've read the EX50 fees guidance but I'm confused as to which fee would apply to the change of defendant name.

I would be grateful for any information / advice.

You will need an application N244, you will need to make the application under part 19 of the civil procedure rules http://www.justice.gov.uk/courts/pro...l/rules/part19 the fee is £255

[tmarshall57]

You will need an application N244, you will need to make the application under part 19 of the civil procedure rules http://www.justice.gov.uk/courts/pro...l/rules/part19 the fee is £255

Thank you for your prompt response. I hope you can answer another question for me? Yesterday I received a Notice of Transfer of Proceedings indicating that the claim has been transferred to County Court at Manchester (my nearest court).

Am I still within the time limits to submit the N244 form as advised?

[pt2537]

Thank you for your prompt response. I hope you can answer another question for me? Yesterday I received a Notice of Transfer of Proceedings indicating that the claim has been transferred to County Court at Manchester (my nearest court).

Am I still within the time limits to submit the N244 form as advised?

If the case has been transfered to Manchester then that is the Court where you must make the application.