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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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What form do I use application to the county court

Resolved Question:

Hi,
What form do I use for a application to the county court for a case to be struck out because the claimant as the wrong name for the defendant. The amount he is claiming is for a demand sent to him by Cranborne Place RCL for a service charge and a subsequent CCj claimed by the same company. He has made a claim against the agent Pauline Jones REM Ltd which we believe the claim should be against Cranborne.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is this in the small claims court?
Customer: replied 1 year ago.
Yes small claims
Expert:  Ben Jones replied 1 year ago.
If you want to make an application for strike out of a claim then you need to use Form N244: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf However, note that it does not guarantee a strike out of the claim. The court could still allow an amendment of the statement of case to correct the errors. Mistakes do happen and it is not in the interests of justice to disallow a whole claim just because the wrong defendant has been entered. They could allow the amendments if necessary, so whilst you have the right to ask for a strike out, do remember that the claim may still proceed. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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