Wrong name on court documents

[niddev]

We recently issued a claim in the small claims court. The original claim form was made out incorrectly in that our name, the claimant , was not totally correct and could be mistaken for another company. This was spotted and the clerk gave us the opportunity to change the name as it had not gone too far in the system. However when the claim was sent to the defendants solicitors the paper work still had the wrong name although the claim form we had submitted was now correct. There had been an administrative error by the court clerk. All the paperwork and evidence relating to the claim is in the correct name. The defendant is now saying that the case should be stuck out.They left it intil the very last day to have it struck out. Will they succeed.

 

[jules12345]

Wont matter as court error i think

 

[M-C Hoare]

In my experience, the Court are unlikely to strike it out on the fact as you have stated them. Just file a statement in response to the application setting out what you have said above and attach any documents you have which prove what you have said and the most likely decision the Court will make at the application hearing is that the name of the claimant be corrected.

 

[The Resolver]

You have nothing to worry about.You should write to the solicitors to explain the history and put them on notice that if they do not withdraw their application you will seek an order that they pay your costs for wastin your and the court's time with a hopeless application.

 

[ethanclick]

hello, i was wondering if someone can help on a related matter. We have had a judgment made against us. However, the company name thats been judged against is incorrect and could be another company / legal identity. We didnt actually receive the paperwork as it wasn't in our correct name.

ie judgement against : word1 word 2 ltd

when our name is alloneword ltd

we were about to try and get the claim reheard, but should it just be thrown out as its incorrect?

thanks

 

[Posilan]

hello, i was wondering if someone can help on a related matter. We have had a judgment made against us. However, the company name thats been judged against is incorrect and could be another company / legal identity. We didnt actually receive the paperwork as it wasn't in our correct name.

ie judgement against : word1 word 2 ltd

when our name is alloneword ltd

we were about to try and get the claim reheard, but should it just be thrown out as its incorrect?

thanks

Do you owe the money? If so, pay up.

I doubt you will get much sympathy here if you do owe it - most are small business owners, who having a customer not pay, can cause cash flow problems.

Steve

 

[ethanclick]

hi Posilan

i think you have misunderstood what i asked. we are small company that a much larger company is trying to bully after we refused to do several weeks of off specification work effectively for free.


but thanks for you input

 

[Posilan]

hi Posilan

i think you have misunderstood what i asked. we are small company that a much larger company is trying to bully after we refused to do several weeks of off specification work effectively for free.


but thanks for you input

That's why I said "do you owe it" - if you don't then of course don't pay and fight it. (a lot of people try to use "technicalities" to try and wheedle their way out of legal obligations )

You could apply to have the judgement set aside in the courts if you can show you did not receive the initial paperwork, but that will just effectively put you back at square one where they can then submit another claim form so you will have to have a defence to stop them winning again.

Steve

 

[Steve Sellers]

Just to echo what Steve says - if you don't owe the money then you will need to make an application to have the judgement set aside. Bear in mind that the claimant could make a cross application to correct the erroneous claim form and put the name of your company on the judgement - under CPR 19.2.

 

[E Storey]

hello, i was wondering if someone can help on a related matter. We have had a judgment made against us. However, the company name thats been judged against is incorrect and could be another company / legal identity. We didnt actually receive the paperwork as it wasn't in our correct name.

ie judgement against : word1 word 2 ltd

when our name is alloneword ltd

we were about to try and get the claim reheard, but should it just be thrown out as its incorrect?

thanks

Haha - you sound like somone I'm seeing in court tomorrow. The respondent was desperate for the case to be thrown out and asked the judge if he could use this to get it dismissed on a technicality...

I'd honestly never seen so many rolleyes rolleyes by a judge in my life! I don't think it helped his credibility much either but guess we'll have to wait and see.