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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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My landlord has filed in court to repossess the property I

Customer Question

My landlord has filed in court to repossess the property I rent due to arrears. I will sort that out with time and that is not the issue. The issue is the copy of papers he sent me have a middle name which does not belong to me according to my passport. Is legal for me to go to court raise a point of objection to the case proceeding on the grounds that the quoted defendant is not me and ask to dismiss the case with costs with out me having to explain any thing about the case?
Richard
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello I am a soliictor with 20 yeasr experience. I will try to help you with this.

Customer:

What sort of tenancy do yo have?

JACUSTOMER-fl22zq41- :

Assured shorthold tenancy but it is for three years

Customer:

OK it is likely that this would be considered to be a minor misdescription and not fatal to the proceedings. He will be able to amend it if necessary and if the papers are sufficient to identify the parties (ie it is clear that you are the defendant in the proceedings) this is not a point that is of any use to you.

JACUSTOMER-fl22zq41- :

OK but legally you must identify correctly the person's indentity on paper you are taking to court as at the time of the hearing. You say Mr ***** ***** Peters is the same as Mr John Peters?

Customer:

If it is sufficient to identify you then yes (eg is there anyone else it realistically could be with the same first and last names as you living at the address in question?)

JACUSTOMER-fl22zq41- :

-+

Customer:

Any attempt to use this as a technical defence will fail.

JACUSTOMER-fl22zq41- :

I appreciate your response but I have I have ever been to one court proceeding were the use of incorrect name was dismissed by the Judge on grounds of wrong Identity of defendant. He dismissed the case and asked those who filed the papers to try again with correct identity of defendant

JACUSTOMER-fl22zq41- :

What is your response to that?

JACUSTOMER-fl22zq41- :

Hallo can you let me know if you are still there to chat please?

Customer:

My answer remains the same. If, notwithstanding the error you have referred to, you are clearly identified as the defendant the pleadings are valid. There must have been different circumstances in that other case.

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