Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know have you applied to set it aside yet?
Customer: No the name in the judgement is my previous name changed via deed poll last year
Customer: I use a new name and as the defendant I was referred to as my previous name t/a Stewardes Enterprises which is not true as I have never communicated with DHL ever and never entered any contractual or financial transaction relating to this case.
When you say they failed to serve papers, it would have been the Court. What is your defence?
I assume it is because it is in the Company name and not yours? You are only the agent?
Customer: My defence is only facilitated the payment and delivery of the goods to my adress and cannot be held liable based on an invoice prepared by a supplier in China.
Customer: I never represented to DHL I trade in that name neither did I have any communication with them.
Customer: Other companies like UPS never levied these extra charges after shipment
What you can do is use form N244 to apply to set Judgment aside. This can be found at: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf and you would need to submit this to your local county court together with a fee of £80 unless you are entitled to fee remission. The Court will list the matter for hearing and you should say why you are not personally liable. If the Court believes you then Judgment will be set side. But the test is: Do you have a realistic prospect of successfully defending the claim. If the answer is yes and you can show some defence then the Judge will set it aside.
Customer: In your experience would I be liable for having facilitated a payment and delivery on behalf of a company which is not registerd in the UK this can be easily verified via company house
Customer: I.e company is not registered in the UK
Generally no - but where the goods are imported, someone is liable for the duty and VAT
Customer: No duty was levied on goods when they were delivered value about $100 per transaction ,company argued all relevant shipment costs were paid.
Customer: In my view the case involves the supplier,shopper and the recipient company?
The problem is, VAT is chargeable and unless the Waybill form has the box ticked as shipper responsible the person receiving can be.
If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
Customer: Ok if DHL listed me as a defendant t/a Stewardes Enterprises which is not accurate can the case still proceed or O can dispute ever representing to trade as such let alone trade.
Customer: I want advice on how I can come out of this scenario I.e it's a misrepresentation
Customer: Is the judgement legally enforceable in this case considering I have a new name