Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Carol. Please can you tell me how long ago the initial order was placed?
3rd May 2016
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
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.
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 : )
OK no problem at all. I will get back to you at the earliest opportunity. Many thanks.
Many thanks for your patience. The rules in relation to this are set out in Practice Direction 10:
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
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 : )
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.