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  • #16
    Thank you. The only defence I have is indeed signed by the first defendant Fred Bloggs.

    Comment


    • #17
      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

      Comment


      • #18
        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.


        Comment


        • #19
          So Fred has signed Sam's defence by mistake. Unless the defendants make an application to court to correct this error they risk the defence being struck out

          Comment


          • #20
            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.

            Comment

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