Business Account - Letter from solicitors

[loonpants]

Hi,

 

I'm currently doing a claim for a business account of a friend. I've gone through the standard procedure and it's got to the point where the courts have set aside 28 days as a settlement period. She's just received a letter from their solicitors saying they're not going to pay as the account isn't in the defendants name and that unless the claim is amended in 7 days, they'll apply to have the case struck out. I'm not sure what they want me to amend. Anyone any ideas please? It's annoying me greatly considering they've no intention to actually go to court, even with it amended.

 

 

Cheers,

 

 

jon

[loonpants]

Oh, and the bank has been responding to the S.A.R,LBA etc to her so if it's not in her name, shouldn't it be illegal for them to send out that information or reply to letters if it's not in her name?

[jowalshy]

When your friend filed the claim did she put the business name down as the claimant or her own name? If the account is in the name of a business then it is that name that needs to be put down as the claimant.

[TeamD]

I think you'll find Lloyds have difficulty telling the difference between companies and people anyway, since they hold my company secretary responsible for the debts of the limited company.

[loonpants]

bWell that's what i mean.The solicitors have already sent letters to the address i put on the claim!I think the problem is that i've put her home address on the claim and not the business address. Is it an N1 form i need to change the details on the claim ?

 

 

Cheers for the help .

[loonpants]

Hmm...The courts said that i shouldn't change anything and send a letter to the solicitors and the courts telling them they're abusing the court process and if they want to sort it out, to go to court. Can that be right?

[curlychic]

bWell that's what i mean.The solicitors have already sent letters to the address i put on the claim!I think the problem is that i've put her home address on the claim and not the business address. Is it an N1 form i need to change the details on the claim ?

 

 

Cheers for the help .

 

You need N244 form to amend claim and it will cost you £35.00

 

Heres the link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

XxXxX

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

If I have been helpful PLEASE click the scales

[loonpants]

Thanks for that, but i'm not sure if i should bother changing it now. Does anyone know if they can strike it out that this late stage?

[loonpants]

Hmm...Isn't that N244 form for amending the particulars of claim? I need to change the address.

[curlychic]

Hmm...Isn't that N244 form for amending the particulars of claim? I need to change the address.

 

mmmmm good point .... BARTY !!!!!!!! Where are you when we need you .... lol

XxXxX

[nicsussex]

What is your friends relationship to the business? Director? Sole trader? Partnership?

[loonpants]

Sole Trader and main signatory for the account.

[nicsussex]

Does she also have a personal account with Lloyds?

[loonpants]

She does, yes. Which i've already claimed against.

[nicsussex]

Frankly then Lloyds are being pathetic and using this as yet another stalling tactic - send them a letter stating that the claimant is a sole trader and has full financial control of the business and therefore you do not see the relevance of their threat to have the case struck out.

 

Also point out that their client has been perfectly willing to discuss this account with the person named as the claimant up until now - send a copy to the court.

 

Can't see it being too much of a problem

[loonpants]

Lovely, cheers. I'll do that.

[loonpants]

Well, they've sent a letter saying they're applying to have it struck out due to 'No compelling evidence to say she can claim' or something.

[BARTY]

Hi

Can you post up the whole letter?

Barty:)

[loonpants]

I don't think so. She took it to court to change the name.

[loonpants]

Well she's just received a letter from the courts saying there's a strike out hearing on the 16th August. Anyone know what to do? We've paid the 35 quid to change the address that was giving them so much concern.

[loonpants]

We've received the letter for the hearing now.Does anyone know what happens? does she have to turn up to this hearing or is it a closed door thing with the judge???

 

 

cheers.

[BARTY]

Hi

Can you post up the letter in full?

Barty:)