County court claim information

[tops321]

Hi,

Hope this section is ok for this question,

My business has had a county court claim arrive today. The claim has been made out to the company but at one of the directors home addresses instead of the registered office.

We think the claim can be defended but are concerned that if we loose, the judgement will be enforceable at the address on the claim.

Can anyone advise me on how I should deal with this? can we request the claim be re-done correctly at the registered office address?

Thankyou, all advise is really appreciated

 

[Kev2017]

Yes you are right. The writ will follow the details of the claim. Is the director (who's address is used) named on the writ?

 

[tops321]

Thanks for your reply.

Yes his name is above the company name on the claim form.

 

[Daybooks]

Yes you are right. The writ will follow the details of the claim. Is the director (who's address is used) named on the writ?

The OP says "the claim is made out to the company"
The OP also asks for advice on how to deal with the claim and whether (perhaps implied defence) the claim needs to be correctly addressed.
I too will look forward to any replies offered.

 

[tops321]

Could it be said that it's unclear who the claim is made against as they are both separate entities.

The claim is set out like this:

Directors name
Company name Ltd
Directors address

 

[Daybooks]

The OP says "the claim is made out to the company" (subsequently updated)
The OP also asks for advice on how to deal with the claim and whether (perhaps implied defence) the claim needs to be correctly addressed.
I too will look forward to any replies offered.

 

[Newchodge]

Is there not a box on the form marked Defendant? What name is in that?

 

[tops321]

Yes there is a box marked defendant.

It reads:

Directors name
Company name ltd
Directors address

All in the same box, it's the only box marked defendant.

 

[The Byre]

No chance! The object of the claim notice is to inform. If the claim was sent to the wrong address and you therefore failed to defend, a default judgement may be invalid if there was never had any connection with the defendant, or the claimant knew that the defendant had left that address and the claimant knew the defendant’s new address.

Defend the claim and point out the mistake.

 

[tops321]

Thanks for your advice The Byre

I'd still argue it's unclear whether the claim is being made against the individual or the company, wouldn't you say?

 

[Newchodge]

The court would expect the individual, as a director of the company, to ensure the company was aware of the claim. It is completely pointless to try to avoid legal action on technicalities. The individual should respond by stating they are not personally liable and the company should also respond, correcting the address details and issuing a proper defence.

 

[The Byre]

There is no requirement for the plaintiff to get the address technically and/or legally right. There is however a requirement for them to inform you or another officer of the company and at an address where you may be reasonably be expected to be able to receive a letter. That usually is the registered address of the company. If they think that somewhere else is a better bet, e.g. your home address, they can send it there.

Any subsequent judgement can only be invalid, if they deliberately send the claim to the wrong address.

If you answer by claiming that the address is wrong, then you (as an officer or director of the company) must have obviously been informed! If you ignore the action, then they will get a default judgement.

As Cyndy points out, playing footsie with the court is seldom a good idea.

 

[tops321]

Thanks for the advice. I will post the outcome of this.

 

[tops321]

The case can be argued on both sides. The reason we need to make sure the claim is issued correctly is just in case we loose. If a CCJ debt for a company starts being enforced at a directors house it defeats the object of keeping limited liability. Would you agree traffic_ace?

Removing a ccj enforcement address from a writ is very difficult once it's been judged. Property deeds etc need to be submitted to the courts, claiming the company has no ownership or property there. In the mean time, they will be enforcing the writ there. Which is hassle.

There's no worming out just pre-planning for worst case.

 

[tops321]

Traffic_ace,

Also, in response to your post. You say that high court enforcement bailiffs can enforce anywhere in uk and whatever.

That's not true. They can't enforce a writ at an address or against property that doesn't belong to the company.