Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Isiris Informative Isiris Informative Isiris Informative Isiris Informative



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    Default Incorrect Entity

    I am a director of a company and a claim has been raised against me, rather than the business entity.

    How should I go about the claim.


    Should I apply for summary dismissalicon (I know I probably wont achieve it)
    or should I simply defend on the grounds of not being the entity.


    Then if the judge allows the change, then defend as the director of the company.


    Thank you

    Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth
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  2. #2
    Basic Account Holder sgtbush Novitiate



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    Default Re: Incorrect Entity

    It depends. Sometimes a company director can be named in a claim


  3. #3
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    Default Re: Incorrect Entity

    I would enter a defenceicon explaining your reasons for defending the claim - including that the claim is against the company rather than you personally. Be careful not to miss the deadlines.

    You could separately write to the claimant explaining the above and inviting him to discontinue the claim against you personally, else you will be seeking costs. There is a better chance of being able to claim costs if you can prove that the claimant was told that he was suing the wrong person at an early stage.

    You can apply for summary judgment using form N244icon with an attached witness statement. There is a fee for this. It is worth doing for larger claims, but I wouldn't bother for smaller claims.

    It would be up to the Claimant to have the name of the defendant changed if appropriate. See http://www.consumeractiongroup.co.uk...defendant-name for an idea of what he would have to do.

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