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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
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I'm sueing pc world my equipment and data.

Customer Question

Hi. I'm sueing pc world for losing my equipment and data. The problem is that I named PC World as the defendant when this is a trading name - I should have named DSG Retail. How do I resolve this?
They have defended the claim, a bar has been put in place, and presumably this means we are going to court. I have not done this before so do not really know the process
Submitted: 9 months ago.
Category: Property Law
Expert:  Alice H replied 9 months ago.
My name is ***** ***** I am happy to help you today. Have you asked the defendant whether they will agree to amend the merit details in the claim form? What do you mean by 'bar'?
Customer: replied 9 months ago.
On money claim online it now says a bar has been put in place, which I think means that because DSG are defending the case it means that I cannot automatically get a judgement. I was really hoping you could explain it to me.As it was DSG that raised the issue of the wrong name being used on the claim form, I would expect them to agree to the amendment. I think the problem with proceeding as it is, is that if I get a judgement I cannot enforce against PC World, as this is just a trading name.Also can you please explain the cost of your service. When I signed I was expecting to pay £26 to have this question answered, then after payment went through it came up that £26 was a monthly fee. Are there other costs for this service that I should be aware of?
Expert:  Alice H replied 9 months ago.
I will ask customer services to clarify the costs for you before we continue. Once they've dealt with the issue we can continue the conversation.
Customer: replied 9 months ago.
Hello Alice
I have received a response on this, and I am happy with that, as it is in fact as I had originally thought. My problem was that having made the payment, it appeared that I had signed up to something ongoing. However, that is not the case, and I am happy to proceed.
Expert:  Alice H replied 9 months ago.
Good morning. Do you still require my help with this issue?
Customer: replied 9 months ago.
Yes please
Customer: replied 9 months ago.
Hi, are we able to continue the conversation?
Expert:  Alice H replied 9 months ago.
Good morning - yes. I am available. You cannot enter judgment as the defendant has lodged a defence. If you wish to make an amendment to the POC or claim form you need either to seek the defendants consent and then make an application to the court which can be dealt with administratively or, if they will not agree, you can make an application to the court using form N244 and there may be a hearing for the court to approve the change. Happy to discuss further.
Customer: replied 9 months ago.
It is the defendant who has actually raised the issue, both in a letter and as a point in the defence that they filed. Would this be regarded as the defendant consenting to the change? If so how do I make an application to the court to have it dealt with administratively?
If not, I have a form to complete to confirm that I agree that small claims is the correct track. It says I need to serve the defendant with a copy as well as returning it to the court. Would the best thing be to send the defendant the copy and to include a letter asking them if they consent to the name change, and then make the application?
Expert:  Alice H replied 9 months ago.
No, that's no really consent. You need to get them to expressly agree to an amendment. The best thing to do is write to the defendant immediately and say that, in light of the nature of their defence, you wish to make an application to amend their details and will they agree to save time and costs. You can also make the point that this is a technical issue which the court is likely to accept is a minor error which can be rectified by agreement. I suggest you complete the application form N244 but before lodging it wait for the defendants response which can then be added to the application and you can seek an order by consent. Hope that makes sense - happy to discuss further if needed.
Customer: replied 9 months ago.
Ok we are almost there. What I think I should do is send them a copy of the paperwork which confirms my agreement to the small claims track being appropriate, and include a letter seeking their agreement to amend. If they respond positively I make the application. How do I make the application - is it just a letter to the court, enclosing their letter of agreement?If they do not agree (which I think is unlikely) does the N244 get considered at the same hearing or do I get a judgement and then submit it or should it be submitted before we hear the main case?Once I understand how to make the application and how to handle the dreaded N244 I will be a happy customer!

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