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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47382
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I own a cake company and offered a trial day to a woman in

Resolved Question:

I own a cake company and offered a trial day to a woman in October. I agreed that I would pay her £9 per hour if she got the job. She wasn't good enough and I do not pay for trial days unless a job is offered. Most companies don't. She however sent me an invoice for £85 saying I'd agreed to pay her £10 per hour which I did not. She has now sent a county court claim for £85 plus court costs £25. However she sent it to my dormant Ltd company which I do not trade under. Could I just defend this claim on the basis that it is addressed to a non trading company?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
That defence in itself is unlikely to fully remove the claim or prevent it from being submitted again. Whilst the claim has been made against a non-trading company, when she realises that is the case she could make an application to the court to amend her claim and change the name of the respondent to the proper company. Whilst this would require the court’s permission, they could certainly grant that because it would be in the interests of justice to allow a claim tom proceed and be defended properly and not be refused just because someone had made an error in the claim details.
Even if this request is rejected and the claim fails, there is nothing stopping her from making a new claim against the correct company so you could find yourself in the same position just further down the line.
What you could do is defend the claim based on the fact that the respondent is incorrect, then if she tries to change that, try to oppose her application. The final decision rests with the court but if the change is allowed then you are best advised to try and defend the claim. Even if you lose you will not have to pay out too much as each party meets their own legal costs anyway in the small claims court.
Alternatively, you could try and reach some agreement out of court to try and settle this without the need of going through a formal claims process.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi thank you for your reply. Just to clarify if I did defend the claim and lost wouldn't it go on my credit report?

Expert:  Ben Jones replied 2 years ago.
No it would not, this only happens if you lose a claim and then do not pay the amount owed within the specified period of time, usually a month. Then it would result in an unsatisfied court judgment and go on the list of CCJs on your credit report
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