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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company was taken to court under consumer law, on hearing

Resolved Question:

My company was taken to court under consumer law, on hearing the case the judge said that they need to bring the case under torts law. Now after two years of this going on I can no longer afford a solicitor so I am representing myself, the other party now informs me he is taking me to court personaly and not my company. Can they do this ? If not how do I go onabout getting the case thrown out. Because all the information the other party asks for all has to do with my company invoices etc and his clients witness statement time line of events section only names my company and not myself.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Were you working for the Company when this incident occurred?

Alex Watts :

Was the old case against the Company? Was that thrown out please?

Customer:

I own the company the judge on hearing the case told the other parties solicitor to go awayand bring the case under torts law as it was not covered by consumer law.since I have been representing myself in this case, I have uncovered many mistakes. Now when I questioned the money claim on line form which was file to my business address in my own name and not my name trading as, the other parties solicitor now says the case is against me personally and not the business if that is the case the summons should have been sent to my home address and not the business address when the firstline of his evidence statement reads. The defendant trades as MB Customs so how is this summons to me

Alex Watts :

Ok -was it a limited company?

Customer:

No it was not limited

Alex Watts :

So you were never a limited company?

Customer:

No

Alex Watts :

Ok - the first case was it dismissed or is that ongoing?

Customer:

It was not dismissed they were just told to go away and re write the case undertorts law as it was not covered by consumer law so it is still ongoing

Alex Watts :

Ok - so have they amended the particulars of claim?

Customer:

They have but nowhere does it mention me personally the opening li e of the particulers of claim reads the defendant trades as MB Customs and most of his case centres around invoices, purchase I voi

Alex Watts :

Ok - but you are the defendant, right?

Customer:

Purchase invoices and now they are asking forother business paperwork so how is this against myself.

Customer:

I am the defendant

Alex Watts :

Ok - you are the Defendant, they issued a claim in the name of your company which is not Limited and now they are changing it to you personally, is that right?

Customer:

No they issued the claim in my name to the business address if they were claiming against myself the case should have been addressed in my name to y home addr

Alex Watts :

Ok - but you got the claim form?

Customer:

Address which the claimant does have.

Alex Watts :

But you got the claim form?

Customer:

Yes I did getthe form

Alex Watts :

Ok - so you only dispute it was sent to the work address?

Customer:

Yes if you read the money claim on line application it states the correct way to fill in the forms pl

Customer:

If the case was just agai st myself why the need for all the company paperwork. The company before it closed was made up of between three to four people.

Alex Watts :

Thank you. What is it you would like to ask about this now I understand the history?

Alex Watts :

Ok - but you said you were not a Limited company?

Customer:

Can I have the case thrown out of court for this discrepency or can they just keep changing it to suit themselves when there opening statement reads tthe defendant trades at alltimes as MB Customs plus the original case was under consumer law which is against a company ? The reason for torts law was because we sold off parts to recover our losses these parts bei g sold through my company ebay account. Not personal

Alex Watts :

No.

Alex Watts :

You accept you are not a limited company, therefore they can serve you personally or as your company.

Alex Watts :

As for the address, if they are suing personally then it should be at your residential or last known address

Alex Watts :

But if you have the claim form then I can not see how you can say you did not receive it?

Alex Watts :

But just because it was sent to your business address and should have been sent to the residential address, you received it

Alex Watts :

There is no prejudice as the Court will want to make sure you had it

Customer:

But which one they cant keep jumping between both surely they have to stick with one?

Alex Watts :

But there is only one Defendant, right?

Customer:

Yes but he brought thevehicle to mybusiness premeses all invoices were from the business all payments were to the business the vehicle was worked on by other people notjust myself.the original claim was against the business consumer law.

Alex Watts :

ok - but it makes no difference whether the claim is in your name or the business name. All these matters you raise regarding who was working on it etc, are matters for trial

Alex Watts :

If you contracted other people to work on it then you can counter claim against them.

Alex Watts :

But if you did not contract anyone then you can argue in Court about other people working on it and any damage caused by others. But these are all matters for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Not realy it was just a hope wheni read the money claim on line rules stating it is very important to fill out the name and address correctly but obviously by what you that does not even count.

Alex Watts :

Yes but that does not mean the claim is defective to an extent it would be thrown out.

Alex Watts :

Worst case would be that they make an application to amend the claim form to correct any defect.

Alex Watts :

But the fact you have the claim form shows that even if it was defective you have not suffered as a result.

Alex Watts :

I realise this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you about this today please?

Customer:

No thank you

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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