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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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this is a county court matter. Ltd company v limited company

Resolved Question:

this is a county court matter. Ltd company v limited company in England

I have recieved a claim form the bulk CC regarding an outstanding invoice which there is a dispute over. However apart form the defence, this is not the main issue.

the claim is made out to the incorrect company so how do I tell them or use that to defend it?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is wrong with the name, is it spelled incorrectly, is it completely different, the wrong company number is XXXXX?

Customer:

Hello Ben, defendant on the forms is named as 'Technically inspired offices LTD', this is a company name I purchased 2 years ago has never been used has no account or does not place orders etc i.e. has never traded.

Customer:

cont. our correct name is XXXXX XXXXX services LTD, which we trade as TIO, technicallyu inspoired offices was our tag line. I can see why he's done it however the claim would be awarded against a name which we are already in process of striking off as hasn't been used

Ben Jones :

The use of the incorrect name on a claim would not really be serious enough to allow you to ask for the claim to be struck off. People do make errors and these can be rectified if necessary. The Civil Procedure Rules do give the claimant the opportunity to amend their statement of case, for example to change the name of the respondent, although they would need to do so with the permission of the court (the relevant rule is CPR 17). You may bring this irregularity to the attention of the court but as mentioned once the other side becomes aware of it, they can simply make an application to the court to amend their claim and to change the name of the respondent to the correct one

Customer:

ok, so should I submit the CC forms stating incorrect company as initial defence? (this will allow more time for us to prepare defence in any case) or do I write to the supplier separately stating they have files a claim against the wrong company.? if I do nothing they will award a CC against the wrong company ultimately wont they?

Ben Jones :

You may indeed ask for the claim to be struck out at this stage due to it being issued against the wrong party, that would then prompt the claimant to make an application for the amendment of the claim and it can buy you more time until that is processed

Customer:

thanks, XXXXX XXXXX requirement mine to inform the court on the defence of the correct defendant company? or is that the claimant problem to resolve

Ben Jones :

The claimant will have to resolve this but if you knowingly carried on defending a claim which was obviously not directed at your company then questions will be asked so it is best to bring this to the court's attention and let them and the claimant sort this out

Customer:

thanks, XXXXX XXXXX complete the defence part of the claim as advised

Ben Jones :

You are welcome, all the best with it

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