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