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Hello my name is ***** ***** I will help you with this.
Have proceedings against now been issued against Company B?
I will assume they have.
You therefore need to make an application that the claim against you is struck out for showing no prospects of success
You need to do this by completing form N244
You also need to pay a Court fee of £155
The matter will be listed in Court, not for a trial but for you to show why the Claimant has no claim against you
The court has asked that Company B become the claimant but Company B is not who the respondent owes the money to nor has he ever been paid commision by Company B. Accountants have said not to use Comopany b
Yes. Sadly that is not your choice
You need to make an application as above to have it struck out against company B
If you are company A then you can stop a claim yes
You can file a notice of discontinuance, but you would be liable for the Defendants costs to date.
should we just let the defendant apply to have the claim struck out?
You can do this by consent, but if there is a strike out costs could be awarded against you
Better to do it by consent with no order as to costs
If you have not issued previously against Company A for this matter before yes you can re-issue the claim
Does that clarify?
ok i will advise my director what you have said. Then we can start new proceedings as Company A not including the representative agreement
Or you may just wish to amend the current proceedings and add Company A in
That would seem to make sense and save costs
thank you for your advice,
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