Wrong defendant

[John Doe the third]

Hello. can someone with the knowledge please advise me on this one?

 

I am currently suing a company through the small claims court for my money back (under £2000).

It is a big company and I have issued papers in the name on a receipt I have from them for my purchase.

 

Let me use the made up name of ZZZCompany Ltd.

A solicitor has filed an acknowledgement but stating Joe Soap the third V ZZZservices Ltd (or something along those lines).

 

Am I correct that unless ZZZCompany Ltd files a defense in time,

I would get judgement by default as the wrong defendant has responded?

 

It is likely the companies are in some way connected

- maybe part of a bigger group, or different divisions of a bigger company.

 

But If I take Mrs smith to court and Mr Jones files a defence, surely Mrs smith could find the case found against them by default as Mrs Smith didn't actually file a defence?

 

It may be a silly question, but I would have thought the correct name needs to be responding.

 

What could/is likely to happen from here?

Edited March 9, 2018 by dx100uk
spacing

[SuperVillain]

On the acknowledgment of service form (N9 Response Pack), there's a box which says Defendant's name if different to the name on the Claim Form. Is that filled out?

[SuperVillain]

Also, with regards to Judgment I don't think the Court would process the Default Judgment if there's any defence on the file. No judge will actually look at the file until after directions questionnaires are filed and the case is transferred to a local court.

[John Doe the third]

Thanks for both replies so far.

 

In regard to the N9. The box in which it asks for the defendants full name if different from that on the claim form, it is filled in as the ''wrong'' company name. So ''ZZZservices Ltd'' instead of 'ZZZCompany Ltd' which is the name of the company I had the transaction with and who's name I put on the summons.

[steampowered]

It is worth checking on companies house (https://beta.companieshouse.gov.uk/). It is possible that the company mentioned on your receipt doesn't exist or changed its name.

[John Doe the third]

Already checked. The company I purchased from is very much still trading and the company name they have filed is also still trading.

 

We are talking about a £ multi million turnover in both cases.

[BankFodder]

As you have been advised above, it is highly unlikely that the system will allow you to apply for judgement. This means that you will simply have to continue. Very often these name problems amount to a technicality and frankly it is better to overlook them and just to continue on the merits of your case. Wait until they raise the issue and they say that you are sueing the wrong company. If they don't say that then despite the difference in name clearly they are accepting service and they are accepting that they have to answer to your claim