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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Check dates
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Acknowledge Claim
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CPR 31.14 Request
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Example Defence
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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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