Potential incorrect name in small claim

[Guest]

Somebody's dog caused a car accident so I'm taking the dog's owner to court over damages to my car.

Person A & person B were there at the time as owners of the dog, when asked for details person A identified themselves as the owner. I only know the first name of person B at this time.

They then fail to communicate so I take person A to court. Their defense is that Person B, of the same address, is the owner of the dog so I should sue them instead. They give their full name, for example 'John Smith'. It then goes before a judge so I explain this, and they give permission for me to add person B 'John Smith' as a second defendant to the same claim, which I do.

Person B then doesn't respond to anything from me or the court, so I have a 'judgement by default' for person B alone 'John Smith'. Before I go to enforce this, I do some research, and discover that person A has potentially given me half a false name for person B. They both own and run a pub together, and rather than 'John Smith' in all newspaper articles about the pub they're called 'John Doe'. Also on Facebook this person is 'John Doe'.

1. if I try to enforce this as it is and send baliffs, will they fail to do anything if the surname is indeed wrong?
2. what's the best way of checking their name? They run a pub... if they are a licensee can I find out their legal name from the council somehow for the license?
3. should I request 'John Smith' attend court to give financial details, then see if they arrive via that name?
4. if the surname is not correct for person B, is person A in contempt of court for deliberately giving wrong details? What do I do about this?
5. any general advice about the best way to proceed please.

[jaguarsuk]

The order is not enforceable against John Doe in the name of John Smith, so the bailiffs would be powerless to enforce it should you apply for a warrant of control.

Hopefully you kept the communication from Person A?

You will have to apply to the court on form N244 to amend the defendants name, citing person A giving the wrong information and proving it with the communication from Person A.

The cost will be £255 and you should ask the court to make an order for costs in that amount against Person A.

The council should have a record of who the licensees are at the pub and also their full names are obliged to be shown above the door to the premises by law. So if the council is no good, just pop along to the pub and look above the door.

I wouldn’t question about finances or anything like that once the order is changed, give them the time the order allows and then move to enforce.

If the claim against Person B is valued at more than £600 you can apply to the High Court for a Writ of Control and if not the county court for a Warrant of Control.

If you are successful in gaining a costs order against Person A then you can get a Warrant of Control if they fail to settle the judgement.

The cost of the Warrant(s)/Writ will be added to the value of the judgement.

[GoldieLocks]

The order is not enforceable against John Doe in the name of John Smith, so the bailiffs would be powerless to enforce it should you apply for a warrant of control.

Hopefully you kept the communication from Person A?

You will have to apply to the court on form N244 to amend the defendants name, citing person A giving the wrong information and proving it with the communication from Person A.

The cost will be £255 and you should ask the court to make an order for costs in that amount against Person A.

The council should have a record of who the licensees are at the pub and also their full names are obliged to be shown above the door to the premises by law. So if the council is no good, just pop along to the pub and look above the door.

I wouldn’t question about finances or anything like that once the order is changed, give them the time the order allows and then move to enforce.

If the claim against Person B is valued at more than £600 you can apply to the High Court for a Writ of Control and if not the county court for a Warrant of Control.

If you are successful in gaining a costs order against Person A then you can get a Warrant of Control if they fail to settle the judgement.

The cost of the Warrant(s)/Writ will be added to the value of the judgement.

Many thanks for your brilliant reply. I kept all communication from Person A, and their naming of Person B was actually done via their defense directly to the court. The total amount currently is not over £600, it's just below £500.

So unfortunately the licensee of the pub is a limited company, and the only named person on the license and with companies house for that company is person A.

So all I have to go on for the correct name of person B is either what person A told me ('John Smith'), or what newspapers and Facebook name person B as ('John Doe') - but unfortunately no solid proof of either. My gut feeling is that they gave me a false name on purpose and that John Doe is the real name, but I have no proof.

What would your advice be now? If I get the court to change it, and it turns out that their legal name is 'John Smith' then the new writ would be unenforceable, if I don't get them to change it then I'm just wasting money getting a warrant of control. As I have identified this other name for the person involved, 'John Doe', can I get that name added as a third defendant and then a default judgement against them, and enforce against 'John Doe' and 'John Smith' at the same time? Or is there a better thing to do?

[islandgirl]

Is this person on the electoral register at that address?

[GoldieLocks]

Is this person on the electoral register at that address?

Good shout, I will check. I think I can view the open register at the council office can't I? Hopefully they are on the open register.

Any other way of checking?

[islandgirl]

Yes I believe you can view it - ring in advance as there may be covid related restrictions! Also - re the Ltd company - check the directors names on Companies House

[GoldieLocks]

Okay so have checked electoral roll, couldn't do it in person due to covid but they told me over email, person B is not on there at all with either name, only person A.... what next? :S

[GoldieLocks]

P. S. all names at companies house are under person A and no mention of person B with either name

[islandgirl]

Well that's not good news! They certainly should be on the electoral register if they live there. Is the judgement only against person B or against both? I can only think of searching for any events which have been held at the pub and seeing if there is a name anywhere? You say you think the FB name is wrong - have you gone back to old posts to see if any comments name them? I am clutching at straws but worth a try.

[jaguarsuk]

You should apply to the court making it clear you believe them to be named ‘John Doe AKA John Smith’ and outlining your reasoning for why you wish this to be changed.

You should also seek the cost of applying as a wasted costs order against person A.

So in the application you will need to list B as 1st defendant and A as 2nd.

[Guest]

I have a similar problem, I gained Judgement but inserted the wrong name by not inserting lld on the summons, and so its back to the Court to be amended, in my case, it will cost £110, and the lesson is you must enter the correct details of the person you take to Court.

[jaguarsuk]

In this instance the claimant was misled in court documents as to the name of the defendant and therefore the claimants cost are recoverable against that person.