Can 2 ltd companies sue jointly?

[wonky100]

Good Morning all

I am being sued by a ltd company. I have always disputed that the company which is suing me is the company which I contracted with. The name and address of the the company which I thought I contracted with (company A) was on the contract. However, the registation number of the company which is suing me (company B) was on the contract. Company B have now confirmed that Company A took payment and because of this they are going to apply to the courts to join Company A to the application.

Is it ok for 2 separate legal entities to jointly sue me over the same contract? Surley my contract is either with A or B?

Many thanks in advance.

 

[Steve Sellers]

Good Morning all

I am being sued by a ltd company. I have always disputed that the company which is suing me is the company which I contracted with. The name and address of the the company which I thought I contracted with (company A) was on the contract. However, the registation number of the company which is suing me (company B) was on the contract. Company B have now confirmed that Company A took payment and because of this they are going to apply to the courts to join Company A to the application.

Is it ok for 2 separate legal entities to jointly sue me over the same contract? Surley my contract is either with A or B?

Many thanks in advance.

For them both to sue they would have to, either, establish that the second company had an ancilliary contract in place; or if the second company is referred to in the original contract and the contract makes it clear the third party can enforce the contract. Section 1Contracts (Rights of Third Parties) Act 1999

Without seeing the whole contract it would be difficult to give a specific answer.

 

[wonky100]

Thanks Steve for your response.

I've had a look at the link provided and I can't see how the contract allows for the second company to sue me. But then I have no legal training whatsoever!

The contract is a "mess" and trading standards had spoken to the company concerned about "several" issues with it. 2 issues were the lack of cancellation rights for a contract signed in a home and the lack of disclosure of company details as per the Companies Act.

But thank you for getting back to me.

 

[Steve Sellers]

Was you acting as a consumer on the contract? as of course you will have additional rights if you was.

Either way get yourself into Citizens advice, or a law centre with the contract (or if you can afford a solicitor) and get some specific advice regarding defending the claim.

Good luck.

 

[wonky100]

Hello

Yes, was acting as a consumer. Did have legal representation to submit the defence. That cost £1,320 which was negotiated down! The total estimate to defend through to trial was £20,000 + VAT. Citizens Advice have advised, in writing, that they can't help. It's a right mess!

Off to the PSU later today but not sure what advice they can offer. Think it's only procedural advice and support.

Thanks again

 

[Steve Sellers]

You may be able to get help with representation, you need to be referred to them though by C.A. and the like.

Try:

http://www.barprobono.org.uk

 

[wonky100]

Thank you very much for your response.

An application was made for assistance via the Law Works last week.