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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4997
Experience:  Senior Associate Solicitor
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I am a director of two Limited companies and I have recieved

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I am a director of two Limited companies and I have recieved a erroneous court claim for a debt which is not owed but it has also been made to the wrong company. what should i do?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: just recieved papers of claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, i dont think so

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Customer: replied 3 months ago.
hi Jim
Customer: replied 3 months ago.
I have a long standing legal argument with a company I worked with 5 years ago but they have just come back into picture by applying for court claim of debt, which I dispute but also in wrong company name from the contract in which we had agreement and business
Customer: replied 3 months ago.
should i correct the company name or just carry on with dispute ?

No, it will have no effect if you write to correct the company name - you will need to respond to the claim formally and there should be a response pack (see copy attached). It is very important you fill out the response pack and return to the court as if you do not the claimant can request default judgment against your company.

You obviously need to deny liability and dispute the debt - in addition to say the claimant has pursued the wrong company. At the same time you need to write to the claimant to invite them to discontinue the claim for these reasons - tell them you want confirmation from them within 7 days they will discontinue failing which you will have to apply to the court to strike out their claim. To strike out a claim you need an application form and it costs £255 - which is recoverable from the claimant if your application succeeds. I can guide you on the application - let me know if you want the form now or once you have given the claimant the 7 days.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Ok, ill come back to you next week and request phone call as this has more details I would like to go through as I served them a letter via my solicitors at the time giving them notice to respond but no reply accepting my terms, i hope...