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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4337
Experience:  Solicitor
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I have a county court claim but sent to gulift services

Customer Question

hi I have a county court claim but sent to gulift services instead of gu lift services Ltd does this still apply as gulift services stopped trading over 4 years ago and changed to gulift services Ltd, I need to enter a defence to court or do I say to send to the correct company.
Assistant: Where are you located? It matters because laws vary by location.
Customer: west midland uk
Assistant: Has anything been filed or reported?
Customer: there claim and reasons but clearly says gu lift services and not ltd
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: apart from these people are lyiers and had four companys in 7 years and keep doing a phoenix which I know nothing about
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
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Expert:  Jamie-Law replied 1 month ago.

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

Was gulift service Ltd as well?

Customer: replied 1 month ago.
in 2010 I used gu lift services, in 2012 ish we changed to gu lift services Ltd, before I was a sole trader then we went Ltd, the court claim is in gu lift services and have done no work on this for many years.
Customer: replied 1 month ago.
need to know soon as got to answer court
Customer: replied 1 month ago.
Jamie any news yet
Expert:  Jamie-Law replied 1 month ago.

Sorry I was just looking into this. Is the claim against GU Lift Services Ltd? I assume it should be?

Customer: replied 1 month ago.
no the claim is against gulift services which stopped trading 4 -5 years ago and changed to Ltd
Expert:  Jamie-Law replied 1 month ago.

Yes I understand that. But the claim should be again Ltd?

Is there any doubt that Ltd is the correct company which should be named?

Customer: replied 1 month ago.
Ok the claim is made against the sole trader name but the work was done against the ltd name, the work which the claim is against was done under ltd, the claim is not ltd.
Expert:  Jamie-Law replied 1 month ago.

Ok. But is there any doubt the claim should have been made against the Ltd co?
That is what I am trying to establish.

Customer: replied 1 month ago.
your correct the claim should of been gu lift services Ltd and not gu lift services that expired years ago
Expert:  Jamie-Law replied 1 month ago.

Ok - then you have 2 options:

1) Write to C and ask them to amend the claim

2) File a defence saying that the sole trader ceased trading years ago, there is no contractual liability and that the Claimant had no claim against the Defendant.

The reality is that Claimant just needs to apply to Court to amend the name of the claim. Clearly the wrong firm has been named, but this is a mistake which can be rectified by Claimant or by you filing a defence saying its the wrong company.

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
good ive responded to court already stating wrong name, so happy you confirmed that. they will re file in correct time but gives me time to sort out.
Expert:  Jamie-Law replied 1 month ago.

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Expert:  Jamie-Law replied 1 month ago.

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