Silly mistake re defendant's name in claim

[angela_itr]

Hi all,

 

We made a silly mistake (with hindsight) in bringing an online claim for a rip-off car in the company's trading name rather than an individual's name (sole trader not limited company)

 

We exchanged letters with their solicitor at first, rejecting the car under the SGA. No reasonable offer to settle was forthcoming so we issued the claim. We eventually received judgment in default as no defence was served... only to find the company had disappeared from its premises, removed its online presence and (as I've discovered through lots of research) set up under a different name at a different address.

 

My question is, if we can confirm the name of the individual and ideally a residential address, can we reissue the claim? This will be easier said than done as currently the only direct evidence linking he individual with the company is a 'Whois' web form showing the company's website as being registered as "Company XYZ trading as Mr X UK Sole Trader" and the original address of the garage.

 

The amount of the claim is just over £4k plus interest from last November, so we don't want to let it drop. How can it be so easy for sole traders to disappear and avoid any liability? We know this company have stitched up many others, it wasn't a one-off, yet the police say its a civil matter and Trading Standards couldn't care less.

 

Thanks in advance.

[Ombra4532]

Yes you can issue a new claim in the name person, it would be considered by the court as a different case.

I am aware that the police is not interested in this cases but in fact this is fraud and it is a criminal matter but the police is not interested unless in a large scale.

 

The chances to recover the money even from sole traders are not so high, the only possibility would be if the person owes any property in which case you can apply for bankrupt if he/she will not pay. But unfortunately at a substantial cost unless you have a legal house insurance which will cover you claim.

 

hope it help

[Ganymede]

Hi all,

 

We made a silly mistake (with hindsight) in bringing an online claim for a rip-off car in the company's trading name rather than an individual's name (sole trader not limited company)

 

We exchanged letters with their solicitor at first, rejecting the car under the SGA. No reasonable offer to settle was forthcoming so we issued the claim. We eventually received judgment in default as no defence was served... only to find the company had disappeared from its premises, removed its online presence and (as I've discovered through lots of research) set up under a different name at a different address.

 

My question is, if we can confirm the name of the individual and ideally a residential address, can we reissue the claim? This will be easier said than done as currently the only direct evidence linking he individual with the company is a 'Whois' web form showing the company's website as being registered as "Company XYZ trading as Mr X UK Sole Trader" and the original address of the garage.

 

The amount of the claim is just over £4k plus interest from last November, so we don't want to let it drop. How can it be so easy for sole traders to disappear and avoid any liability? We know this company have stitched up many others, it wasn't a one-off, yet the police say its a civil matter and Trading Standards couldn't care less.

 

Thanks in advance.

 

 

 

You need to read CPR 17.1 regarding amending claims. An application to Court will be required which will cost up to £80.00.

 

You will need to amend the Court papers and re-serve them on Defendant. Watch out re: service and filing a Certificate of Service in time.