Recieved county court claim form with MY NAME as both claiment and Defendent advice please

[leerob965]

I have just recieved a claim form from northampton county court bulk centre

 

now i am named as both the Claimant AND the Defendent

it is for a paypal transcation that was disputed by the seller claiming he didnt recieve payment so in theory i am the defendent

 

 

What should i Do please will it be thrown out when the mistake he has put is realised

 

Thanks in Advance

[42man]

My initial thought is that it is an abuse of process, and wouldn't make it past a judge whatsoever.....but i'm not sure as to the defence...i'd certainly DEFEND ALL if it was me....

[leerob965]

what sort of defence would you put accross?

"i have never had any financial dealings with myself" lol

no my concern is that seeing as my name and address is on BOTH claimant and defendant how do i find out WHO sent it?

[accesspwd]

Maybe you should call the court to make them aware of it?

[Bookworm]

Cor, I've heard of vexatious litigation, but suing yourself, that takes it a bit far...

 

Defend in full. If the guy is that stupid, you're on a winner anyway.

[the_shadow]

haha how can you defend... if you send it back the courts will send it straight back to you as the claimant :-D

 

Unless he put a covering letter in with the N1 form how will the courts know how to contact whoever?

 

S.

[accesspwd]

funny really aint it

 

i wouldnt have though the courts would pick up on something like that anyway

[ScarletPimpernel]

Send, as the claimant, a notice of discontinuance...

[accesspwd]

yeah true. you decide what happens both side. awsome

[the_shadow]

Send, as the claimant, a notice of discontinuance...

 

Priceless....... lets hope the defendant doesnt issue a wasted costs order as its not been allocated to a track yet

[noomill060]

I think John Lennon once sued himself in a haze of late 1960s psychedelic confusion.

[leerob965]

seems it has come from money claim online so the peson who has put the claim in has filled me in as both sides

 

shall i just leave it or like some one said phone the courts

[OnMyWayOut]

I assume you'd have to notify the court. In the worst case you might get a judgement against yourself by default!

[accesspwd]

Well from your 1st post, you said it is for a payment the claimant didnt get,

 

If you did actually pay it them i would phone the court

[leerob965]

yes paid it

its a paypal payment of all things

[accesspwd]

So there is a record of the payment leaving the account?

[leerob965]

yes

[accesspwd]

Then you should be fine in court - let the claimant waste his money

[leerob965]

but how will the court know who the claimant is

 

after all im named as both claimant and defendant

[accesspwd]

Give them a call.

 

Let them know that you are named as both.

 

They may charge the claimaint to have them change as they are at fault for putting you as claimant/defendant.

 

If tehy dont pay, they may throw it out.

[the_shadow]

Give them a call.

 

Let them know that you are named as both.

 

They may charge the claimaint to have them change as they are at fault for putting you as claimant/defendant.

 

If tehy dont pay, they may throw it out.

 

To change the claimant I believe will require an application to court if the defendant doesnt agree to the change

 

£75 for an N244 is the going rate I believe

 

S.

[accesspwd]

Not forgetting, the person who registered it, would have left some back office contact details, so they should be able to contact him

[accesspwd]

Well done Shadow

 

[leerob965]

ive just spoken to the court and they say they dont have any other information on who the original claimant is other than i am named as both

 

they told me to dispute the full amount saying i know nothing about it and then it will probably be reissued by the claimant

 

but how will they know if the courts dont have any details on who they are?

 

im like a dog chasing my own tail lol

[accesspwd]

Dispute the amount, but in the letter state you are disputing because you dont recall not paying yourself back (you get my drift)

 

They will have details, I registered an online claim before and i had to give my email address, so they must have his, they just need to dig a little.

 

Thing is, im just wondering, if you dispute it, wont the court send you the letter sainy the defendant is disputing?

 

and the same vice versa, Rather ammusing in a way, but i can imagine the stress to come