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Money Claim Online - defendant name wrong

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I am the property owner of a 1st floor flat with one flat below. Had a water leak (fixed) and owner of the flat below has put in a claim for damage to his property.

 

I bought the property before I was married under the name 'Miss Schroedingerscat'. My partner is on the deeds as an 'interested party' but I am the owner of property and mortgage. We got married, My husband is 'Mr Jon Pavlovthecat' and I took his surname.

 

The owner of the flat downstairs should know that I am the owner, as the freehold is owned by both of us and obviously there was legal contact etc at the time of buying the property. He knows I am married now as we contacted him ref converting our loft (we own that, not freehold) with my new name and explanation of marriage.

 

He has made the claim against defendant Mr Jon Schroedingerscat. Which is a) not his name and never has been and b) is not the person against which the claim should be directed, not being the owner of the property.

 

Rather than going through the whole process of my dispute (to be fair I've already written it out), should I just cite this as the reason for my dispute, as it's not an error in spelling or because I changed my name, it's the wrong person, and the wrong name of that person. What happens if I simply dispute it for this reason and no other reason? If the court disagrees that this is a valid reason, what happens next?

 

NB. I am disputing the claim for a number of reasons, so this is not an attempt to get out of liability for the claim.

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

So basically you have been issued a court claim as defendant and its got the wrong name on it for you as defendant ?

 

Andy


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yes, that's it. Sorry for being in the wrong section and for waffling.

The defendant is listed as my husband, but with my maiden surname, so not actually his name either! He has no legal responsibility for the flat.

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Just wanted to add another question.

 

If we proceed with the dispute as if it were the correct defendant, who should respond to it? My husband? citing his proper name, and stating that I am the owner/intended defendant, but that xyz are the reasons for dispute. Or me? stating the claim is intended for me and was sent to him in error then outlining the dispute reasons.

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Okay....its the claimants responsibility to make sure all the details of the defendant are correct as should the claim be successful he would encounter difficulties later into the process trying to enforce the judgment against incorrectly named defendant.

 

You have to proceed with the claim irrespective of the errors in name otherwise he would attain judgment by default..if you did nothing.So you must acknowledge service by 19 days from and including the date on the claim form and state your intention to defend all of the claim.....you can do this on line using the MCOL web portal the instructions are contained within the claim pack response.

 

Now with regards to the errors....you could either inform MCOL that the defendants name is wrong or inform the claimant direct and that you are the legal owner of the flat...once corrected you then proceed to submit your defence on line 14 days later after acknowledging service...so you have 33 days in total.

 

Andy


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Okay....its the claimants responsibility to make sure all the details of the defendant are correct as should the claim be successful he would encounter difficulties later into the process trying to enforce the judgment against incorrectly named defendant.

 

You have to proceed with the claim irrespective of the errors in name otherwise he would attain judgment by default..if you did nothing.So you must acknowledge service by 19 days from and including the date on the claim form and state your intention to defend all of the claim.....you can do this on line using the MCOL web portal the instructions are contained within the claim pack response.

 

Now with regards to the errors....you could either inform MCOL that the defendants name is wrong or inform the claimant direct and that you are the legal owner of the flat...once corrected you then proceed to submit your defence on line 14 days later after acknowledging service...so you have 33 days in total.

 

Andy

 

Ah I see. So it's not now that the name becomes relevant, it's if and when he wins the claim.

 

The acknowledgement of service has already been submitted with the incorrect name on it, as there was nowhere to change the name details that we could see and figured we would have to do this in the defence section. The defence is due in tomorrow at 4pm.

 

So, should I complete the form or should my husband? I have completed the defence, having stated that the name is incorrect and why, and from then completed the form as me but not yet submitted. When it comes to submitting, it states my husband as the defendant submitting the defence. (but not actually him, iyswim as the name is wrong). So I am confused about this bit. Does this matter, if I have clearly stated that I am the owner and it is me who should be the defendant?

 

Sorry if that makes no sense whatsoever.

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Not much...like walking through treacle :-o

 

Look its irrelevant who owns the property...the question will never arise and has no connection with this court claim...its a simple claim for a water leak that he feels is your fault.....so if you have reason to defend rather than settle then defend.

 

You dont need to sign or send off forms you can complete the whole process on the internet..all the instructions are included with the claim on how to use MCOL.

 

The claim is in MR name so MR deals with it all.


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Sorry, I've spent the day re-organising a young teens bedroom. Now THAT was like walking through treacle :D so my brain is fried.

 

OK. I will just send it as it is then, with clarification of the name being wrong and the owner actually being me, followed by why I dispute it.

 

Thanks for clarifying it all for me.

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Its irrelevant who the owner is...its a civil claim for water damage from your property to the person below you...I really cant see how you could offer a defence....but then again you have not stated any details of the claim or what the dispute is......or why you think you can defend it.

 

You seem to more interested in telling everyone your the owner...which has no bearing on the claim or any intended defence.

 

Best of luck


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