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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have received a County Court Claim Form stating Defendant

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Hi, I have received a County Court Claim Form stating Defendant as Mr M Fenner (myself) Waltham Roofs and Mr M Fenner, trading as Waltham Roofs in the details of claim. Waltham Roofs is a trading name of Walthan Group Ltd (the Claim was sent to the company offices) as stated dozens of emails and 2 quotations. Should I just state this on the Defence and Counterclaim form and return it?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No. England
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not if read my question

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

The correct name needs to be stated in the claim form otherwise the claimant has sued the wrong person / wrong entity - see this link to confirm : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952020/n1a-eng.pdf
As for the correct name, it depends who the contract was with between the claimant and defendant. A limited company is a separate legal entity meaning it can be sued - it sounds like the correct defendant should be the limited company.
Yes, you need to fill out the defence and state that the claim is misconceived as it names the wrong defendant (if you have a counter claim then complete that section too).
You should also give the claimant 7 days to amend their statement of case and tell them if they do not, you will apply to strike the claim out (if you choose to do so, otherwise you will be involved in months of court action in a claim which is bound to fail given the above issue).

If an application is required then it's done on form N244 and a fee of £275 is required though this is recoverable from the claimant if the court grants your application. Perhaps come back to this site if you need guidance assuming the claimants ignores your 7 day demand or if they reply and refuse.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 16 days ago.
Hi Jim, thanks. The issue here the Claimant will not let us return to correct works that were badly done by some rogue fitters we employed. We rearrange twice to sort it, the first time my fitter caught COVID, the second time, a key part was delivered by the manufacturer to site was made wrong (ordered correctly) and we could not start. It was at the stage he refused to allow us back.I sent him the following which is self explanatory: 25/10/2021 Whilst being away I have decided to wind up and close the company, due to the difficulties in trading in these COVID and Brexit times. We do have 3 – 4 months work in our order book, which we will hope to complete, all sales and marketing have ceased as from today.Due to this change, I do not wish to leave you with the consequences of this decision. Might I suggest you allow us to complete the works, I will pre check the sill is correct prior to delivery and do my very best to ensure all runs smoothly. Our insurance backed guarantee will ensure you are covered for 10 years.I will reduce the final payment by £500.00 by way of compensation – He refused.Would you still give him 7 days to amend the Claim – as I’m in no hurry.

Yes, I would still recommend you do the defence now just in case he does apply to amend the claim.
You should give him 7 days to apply to amend - if he does not then it would make sense to apply to strike his claim out - your costs would be ordered to be repaid to you if the application succeeds.

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Jim, what would it cost for you to organise the defence for me.

Thanks, ***** ***** cannot do this as we are an internet forum and not a law firm.

However this company could do it for you :
http://www.catalystlaw.co.uk or you could try http://www.lpc-law.co.uk or http://www.clerksroomdirect.com

Just a note that any further questions should ideally be posted (in a new thread) within 7 days of this one (as the original one from 19th November cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks