Court Papers Received..but I dont know why my name is on them

[novice101]

Hi,

 

Please can someone help me. I have received small claims court papers. I have been listed as a defendant as has my boyfriend. It is for non payment of something or the other. My boyfriend says he was expecting the papers as he is in dispute with a firm but has no idea why I have been listed.

 

In the claim there is the agreement he entered, the form has both his name and my name. He has signed the papers they have sent a copy of, I have not, as I have never seen them. At one point we were going to do it jointly but then changed our minds, so the only thing at all that has my name on is this bit of paper, anything further is only in my boyfriends name, I stress, again I haven't signed anything !

 

I have never been contacted by the company demanding any monies etc. Can I simply write to the court asking that I be removed from the claim or do I have do submit a defense that says shows me where I entered into any agreement with the claimant ?

 

Any advice would be great please, it seems wrong that I can be listed willy nilly as a defendant.

[steampowered]

What was the agreement about?

 

And yes, if you feel that you were not a party to the contract and did not agree to it then you need to submit a Defence stating this.

[novice101]

My partner is the person who has posted as AA123 regarding renewal commision.

[citizenB]

Hi, I will put a link to this thread on your BF's thread - I suspect that all the answers will be given there.

 

As advised, by steampowered, your defence should simply state that at no time have entered into a contract with the claimant and fail to see why they have issued a claim against you.

[AndyOrch]

This appears to be the root of confusion " on the claim there is the agreement he entered, the form has both his name and my name. He has signed the papers they have sent a copy of, I have not, as I have never seen them. At one point we were going to do it jointly but then changed our minds, so the only thing at all that has my name on is this bit of paper, anything further is only in my boyfriends name, I stress, again I haven't signed anything !"

 

The above statement would signify that you refer to the actual agreement...joint application...probably processed as joint...but you didnt sign it ,therefore the agreement is not executed as joint and any claim should be in one name only ...if the agreement with one signature only is valid.

 

 

Are both your names on the statements?

 

Regards

 

Andy

[novice101]

...

Are both your names on the statements?

 

Regards

 

Andy

 

Hi,

 

No, my name is not on any statements or anythign else other than the application form (without a signature, but I didnt put my name on the form) the only signature on those forms/terms are those of my partner (unmarried).

[citizenB]

novice, I think we had decided that you would simply submit on the claim form that.

 

You have never entered into any agreement with this company.. I will try and get some exact wording for you.

[novice101]

is this ok

 

 

1. I’m listed co-defendant in the claim zzzzzzzzzz

 

2. I contest the full amount of the monies said to be owed.

 

3. The other listed defendant is my boyfriend Mr zzzzzzzzzzz

 

4. Mr zzzzzzzzzz & myself are not married.

 

5. I am a separate legal entity to Mr zzzzzzzzzz.

 

6. At no point in time have I entered into any business arrangement with the Claimant.

 

7. I have never received any written communication from the claimant.

 

8. I have never received any written demand for monies or otherwise from the claimant.

 

9. Mr M zzzzzzzzz is not an authorised legal signatory on my behalf.

 

10. I do not appear as a signatory on anyof the forms submitted by the claimant which one would expect had I entered into any arrangement with the claimant.

 

11. The signature on the exhibits/formssubmitted by the claimant is that of the co-defendant Mr zzzzzzzzzzzzzzzz.

 

declaration

[AndyOrch]

If you could provide details of the particulars of claim (verbatim) less any identifiable data.

 

Regards

Andy

[novice101]

Hi,

 

The POC are in the thread about renewal commission posted by my BF (I cant post links though, I have tried, post count not high enough) I have tried to attach them here:

 

[ATTACH]44233[/ATTACH]

[ATTACH]44234[/ATTACH]

[ATTACH]44232[/ATTACH]

 

 

Thanks

[citizenB]

Thanks for this, as soon as andyorch is back online, I am sure he will be able to help

[AndyOrch]

So its a Tenancy Agreement...I thought it was a loan or credit agreement....your post ~8 is fine

 

Regards

 

Andy

 

 

Thread moved to Residential/Commercial lettings.

[novice101]

Thank you defence going in tomorrow, fingers crossed, will also think about sending in the N form to ask to be removed from the claim.