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Incorrect Entity


Isiris
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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 dismissal (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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I would enter a defence 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 N244 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/forum/showthread.php?272563-Changing-defendant-name for an idea of what he would have to do.

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