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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A customer placed a bespoke order form us We undertook a

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A customer placed a bespoke order form us We undertook a survey to gain correct emasuremtns we quoted him giving him our service level agreements from when drawings were approved by him May 2016 He placed order by way of payment We undertook his personalised drawings in accordance with his measurements at time of survey he subsequently advised us at end of June the builders had made alterations and the measurements had changed We offered a new survey for a cost or alternatively we advised what photos we required and information He decided not to have another survey and then subsequently sent in further measurements and info Further drawings need to be undertaken for this revised info We sent these for his approval 15th Aug He wanted an installation date and we advised if he could approve we could offer the beginning of October This allowed us time to make his bespoke designs and was in line with our initial quote of delivery between 22 and 32 working days of design approval He advised our timescales weren't reasonable and he wanted to cancel the order However his builders can now use our personalised drawings to undertake the bespoke work we kept offering an early date in October and to be reasonable however he then sent a copy through of his small claims form which was in our personal name and not the company name he was advised of this that the threatened form was incorrect and was advised his payment had gone into the companies account and the companies number Please advise the initial response that we should put on the form respectfully ***** ***** the courts to inform them that obviously the form has been sent incorrectly regardless of the customer being advised it was prior to completing it online and any charges we incur from personal travel we can get back I understand he will have to pay to change the name on the form so that we may defend correctly under the Limited Companies name
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Hi Carol. Please can you tell me how long ago the initial order was placed?

Customer: replied 11 months ago.

3rd May 2016

Customer: replied 11 months ago.

3rd May 2016 We issued his personalised drawings within our sla given in his intial quote of 15 days from this date However his measurements changed thereafter in late June.early July which we had no control over and so his drawings had to then be re-amended to reflect these measurement changes

We have responded to him throughout within our initial SLA guidelines set out right at the beginning within his detailed quote

Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.

No problem Ben I understand tomorrow morning would be fine I really need to know more at this stage my best initial response for the small claims court form for him filling it incorrectly in the first instance against us personally as opposed to the Company Thank you Have a good day : )

Expert:  Ben Jones replied 11 months ago.

OK no problem at all. I will get back to you at the earliest opportunity. Many thanks.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. The rules in relation to this are set out in Practice Direction 10:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10/pd_part10

Specifically, point 5.2 - Where the defendant’s name has been incorrectly set out in the claim form, it should be correctly set out on the acknowledgment of service followed by the words ‘described as’ and the incorrect name.

So you do not have to pay a fee to change this, if the claimant wanted to change the name then they will have to do this and pay the appropriate fees. Your obligation is to point out the error to the court by filling out the Acknowledgement of Service correctly.

In terms of the fees you can claim for being involved in this, the following fixed costs are potentially claimable:

· expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

· a limited sum for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purpose of attending a hearing.

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

Customer: replied 11 months ago.

Thank you Ben for your reply I thought as much However in lame man terms ha how do I word this correctly on the acknowledgement of service, respectfully, so that the judge knows

1. that the claimant has knowingly completed the initial forms incorrectly,

2. direct the claimant to complete correctly and pay his charge

and word it that I am entitled to recover costs because of point 1

Thank you : )

Expert:  Ben Jones replied 11 months ago.
Hi what costs are you going to be seeking if they did intentionally send it to the wrong name? This is likely to be a mater dealt with administratively so unlikely to require you to attend anything in person. As to providing a wording i can do this as a follow up response, please leave your rating for the initial reply above then i can continue and give you some more pointers, thank you
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Expert:  Ben Jones replied 11 months ago.

Thank you. At this stage I do not see what losses you have suffered because of the claim being intentionally made in the wrong name. As mentioned, this is an administrative matter which you need to point out to the court’s attention and they will either ask the claimant to amend this or it would be dealt later on in the process, for example when you have to attend a hearing to defend this anyway. In the meantime you would defend the claim under the correct name and amend the error in the acknowledgement of service as outlined above.

If you want to send a letter accompanying the form you may do so and simply state that you would like to bring to the court’s attention the fact that the claim has been issued against the wrong respondent, clarify the exact error and state that it appears this was done despite you advising them before the issuance of the claim who the correct respondent was. Say that you ‘respectfully ***** ***** court to amend the respondent’s details to the correct ones or to write to the claimant to ask them to do this so that the claim can be defended by the correct party’. Then just see what the court’s response is.

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