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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've just had a county court judgement against my name

Customer Question

I've just had a county court judgement against my name annulled. The judgement was passed after I failed to respond to a claim that was made against myself and my business partner. I thought I wouldn't have to respond because my business partner had and I though that should have been enough. The claim was oddly made against us as people instead of as a company, so I wrote the court informing them that the wrong legal entity had been sued and that I hadn't been made aware that we were both sued individually.
So, as I said, they annulled the judgement on the condition that I write a defence to the court. I'm a little confused as to what to write as a defence. The judge told me at the time that I could continue the defence that the wrong legal entity has been sued and that I could eventually follow up with an alternative defence detailing why our contract was not breached.
What do I write in my defence? Do I simply rewrite the same good old defence of the wrong legal entity being sued? Do I follow up with a break down of the original claim's points?
A little information about the claim. The claimant says we were supposed to build 2 websites for him that were never delivered. This is odd, because both the websites are currently online.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Was this a claim issued online, or does it have a particulars of claim which is several pages long?
Alex

Customer: replied 1 year ago.
the claim was issued online and it is several pages long detailing all the reasons they feel we didn't live up to what we claimed we would do.Sorry, I can't do a phone interview as I'll be tied up in meetings all day.
Expert:  Ash replied 1 year ago.

Ok. Are they numbered paragraphs?

Customer: replied 1 year ago.
They're bullet points.
Expert:  Ash replied 1 year ago.

Ok - so what you need to do is respond to each bullet point for example and say whether you admit, have no knowledge or dispute. If you dispute you have to put your version of events.

For example:

1. Paragraph 1 is admitted

2. The Defendant is unable to admit or deny paragraph 2 because of lack of knowledge. The Claimant is put to proof

3. Paragraph 3 is denied because of ..................

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

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks.Shall I omit the "wrong legal entity being sued" defence also?
Expert:  Ash replied 1 year ago.

No, if the wrong legal entity has been sued, you need to raise this in the defence.

Otherwise you cant bring it up later.

Alex

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