Changing defendant name

[zooch]

Hello all,

 

I have an ongoing court case where the defendant name is wrong. The defendant are trying to strike out my claim because o fthe wornd name. In the letter before action they responded by sending a letter with one address but two company names at the bottom of the letter. Both are similar name. It was not clear who the letter was from.

 

So is there a form I can use to change the name? If yes how do I go about it? Do I need to attend or should a hearing for this?

 

Thanks

[Ganymede]

Hi,

Is the company a Ltd one? Have you double checked you have the right one?

 

You will need to complete an N245 application notice and pay a £40.00 fee. Ask for the Defendant's name to be amended and re-service of the claim form dispensed with at it was validly served at the correct address (assuming it was) etc. Make sure you ask for it ex parte (without a hearing) too.

 

The CPR rule can be found here: http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part17.htm and here: http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part17.htm#IDAM0H1B

 

You will also have to send an amended claim form and a draft order. Cross out the name in red pen and write on the claim form next to it the correct name in red pen and underline in red. You will need 3 copies of the amended CF to send with the application. One to be returned to you, one for the court to keep and one for the Defendant. Also at the top of the first page of the claim form write in black, underlined in red, "Amended this XX day of August 2010 pursuant to CPR 17.1.(2) (b)."

 

 

On the front of the application type something like this in the box asking what order you are seeking:

 

"The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with."

 

 

On the 2nd page insert something like this for your particulars:

 

 

 

1) A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX County Court under claim number XXXXXXX for the recovery of monies owed.

 

 

2) Due to an error, the Defendant's name was incorrect on the Claim Form.

 

3) Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is annexed to this application.

 

4) The Claimant also respectfully requests that the judgment dated 17 May 2008 be amended so that the Defendant's name reads "Mr Charles James Perry T/A C P Office Furniture" pursuant to CPR 17.1 (2)(b). An amended copy of the Judgment is annexed at "MWM2".

 

5) We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

 

6) A draft of the order we are applying for is annexed to this application.

 

 

 

 

 

 

 

You will also need to attach a draft order to each of the 3 copies of the application.

 

 

Good luck.

[deeprules]

Thanks for the reply. The company is a limited one. I have asked which legal for advise who say it is better to withdraw and issue a new claim. there may be complications if the judge orders a hearing and will end up being more costly.