Thank you. The only defence I have is indeed signed by the first defendant Fred Bloggs.
Did not receive a Notice of Proposed Allocation to Track
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Yes it is confusing. Did you contract with the sole trader, Sam? Sam's defence has been filed but you haven't received a copy.
MCOL Guidance for Claimants states the court will post a copy of the defendant's response to the claimant.
You should contact MCOL and ask for a copy of Sam's defence to be sent to you
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I have realised what has happened. Sam the 2nd defendant notified the court of a change of address on 24/09/2024 and he filed the defence on the same date. I only received it in the post yesterday after emailing the court.
The defence names the defendant as Mr Sam Bloggs but it has been completed and signed by Fred Bloggs.
I expect they are trying to get the claim thrown out.
Sam Bloggs is the sole trader of the business and I discovered that when I left a factual review on the website that connects customers to tradespeople.
Fred Bloggs appears to be an employee but I suspect wrongful trading here.
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It's not a mistake Pezza. Not only has Fred signed the defence, he has put his date of birth, home address and mobile phone number. Everything tallies with what I already know about him. I expect it's a deliberate ploy to have the defence struck out.
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The contract was with the business on their headed notepaper and quote given by Fred. The payments were made to Fred and it's Fred's bank details on the invoice. It's a family run business with Fred the father and Sam the son. I only knew Sam was a sole trader when I left a review on the site that connects customers to businesses. My messages were ignored until I left that review and that is what prompted their responses and refusal to rectify the work. The MCOL claim names Fred as the 1st defendant and Sam the 2nd defendant trading as their business name. I have emailed the CNBC to notify them of the discrepancy in the defence, I will have to wait for their reply now.
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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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