How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2472
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Law Question Here...
SolicitorRM is online now

We would like some help and advice for a claim form receives

Customer Question

We would like some help and advice for a claim form receives by us from a claimant
Assistant: Where are you? It matters because laws vary by location.
Customer: England
Assistant: What steps have you taken so far?
Customer: None we have just received the claim form
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 7 days ago.
Category: Law
Expert:  SolicitorRM replied 7 days ago.

Hi thank you for your enquiry and patience. How can I help

Customer: replied 7 days ago.
We are a construction company and have received a claim from a customer.
We undertook the work as a ltd company. First off somehow they have the details of a share holder who also works for the company listed as a defendant. I would like to know how they can claim against him if the work was undertaken as a ltd company
Expert:  SolicitorRM replied 7 days ago.

Hi thank you for your enquiry and patience. If the invoice and quotation is in the ltd company's name then unless they have claimed that the individual committed a fraud (this is assuming they are a shareholder and a director) they cannot pursue the individual. The named person can contact them for them to agree to having the name removed by consent, failing which they can make an application to Court and seek their costs from the claimant. they have nothing to defend if they were not party to the contract. I hope that answers your question and I would be grateful for your rating at your earliest convenience. All the best

Customer: replied 7 days ago.
if it states both the individual who does work for the company and the ltd company as defendants how can we seek to remove the individual?
Customer: replied 7 days ago.
Expert:  SolicitorRM replied 7 days ago.

Hi apologies I had come off line. The process is what I explained above. You can speak to them to agree by consent to get the individual removed, in which case a consent order is filed with the court. If they refuse you can make a court application using form n244 requesting to be removed by court order. If it will help I can speak to you on the form at JA’s modest fee.

Customer: replied 7 days ago.
Wouldn't the application form be used to set aside a judgement and therefore not applicable untill after the case had been decided?
Expert:  SolicitorRM replied 7 days ago.

The N244 form is used at any stage during proceedings if you want a court to make a decision on any issue. Why would the person want to allow a CCJ against their name and then apply for the judgment to be set aside? They may not be successful with that if they have let the matter carry on knowing they should not be party to the proceedings.