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medievil2003

Claim form issues - wrong defendant

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My father appointed a contractor to do some work on a boiler in a hotel that he does property maintenance for, there was a dispute between him and the contractor and the invoice they raised was to my fathers company.

 

The claimant being the contractor has issued a claim form but in the name of the hotel company name as the defendant. This should be my fathers company.

 

What do i need to do? Thank you.

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Well your father can be tricky and allow them to keep on suing the wrong party – but as the hotel is a client of his, this is likely to affect his relations with them. It's better to keep the dirty washing away from them.

 

I would say that the best thing to do is to write to the claimant immediately, inform them of mistake and tell them that he has no objection to them amending their claim form but that they will have to do it through the court but they are fully at liberty to tell the court that he consents.

 

Frankly they will probably best off withdrawing the claim and re-issuing – although it will cost them a bit.


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Many thanks for your quick reply. I shall pass this over to him now to handle.

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Yes, you should confirm that it's not his problem really and it's not his responsibility. However, being generous about it will help to disarm them and also, of course, shield his client


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Thanks again. What will happen if they ignore his request or refuse to do so? I am only concerned that it'll get to the CCJ 30 day payment period.

 

Would my father need to file a defence if he gets no response from them?

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No because the claim is not addressed to him. It's the hotel which would need to file a defence. They would need to say that the claimant has sued the wrong defendant. They have no contract with him and never had


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If you take a look at my Amazon thread under General Legal here: https://www.consumeractiongroup.co.uk/forum/showthread.php?478052-Amazon-faulty-laptop-from-USA-issing-court-claim-under-CRA&p=5082594&viewfull=1#post5082594

 

You can see a real example of doing exactly this.

 

There is some guidance here that Andy kindly linked in that thread: https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx

 

If they file an N244 Application to change the defendants name without a hearing, This will cost the claimant £100

 

It will be cheaper for them to discontinue the current claim and file against your father for any amount less than £1,500.01 regardless as to how the case was filed - https://www.gov.uk/make-court-claim-for-money/court-fees

 

Hope that helps you understand the procedure better


This is how I spend most of my life :ranger:

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