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N1 form but mistaken identity

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,141 Forumite
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    edited 16 July 2019 at 11:54AM
    You don't have a summons.

    Presumably all you have is the local court's order telling the Defendant company (not you) the date of the hearing and asking for either party to contact the court if they want to vary the order.

    I suggest (but I am not legally qualified) you could write to the named Judge this week, asking the court to use its case management powers to stay the case because this has been wrongly sent to your home and no such company operates from your house. So the claimant failed to serve the N1 claim form to a service address for that company, that you have never heard of. Attach proof (your Council tax) and explain that you only replied as you are scared of a CCJ blighting your address, even though this is nothing to do with you at all and the Claimant has made a mistake with wrongly tracing the address of the company Defendant.

    However, if I were you I would post about this mess in Legal Beagles and get a legally qualified person's opinion, first.

    No-one here told you to defend this - what on earth did you write in defence?
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  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,100 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 July 2019 at 9:52AM
    Banny25 wrote: »
    I have now received a stamped summons which I believed contains a final set court date.
    Have YOU received something from the court, or is this, like all the previous, addressed to some other person or company? This is NOTHING TO DO WITH YOU. All you are doing is embroiling yourself in something which you need not.
    Banny25 wrote: »
    Surely I should not just ignore the court summons? I am not sure as to what I should do.
    If it's not addressed to you personally, then you can ignore it - it isn't yours to respond to. Please tellus EXACTLY who it's addressed to.

    Did you make the enquiries suggested back in February re: Companies House/DVLA?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is too difficult, I'm out.
    You never know how far you can go until you go too far.
  • waamo
    waamo Posts: 10,298 Forumite
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    Why are you opening post that isn't addressed to you? If I get anything in the wrong name I return it to the sender with a polite note that it's the wrong address.
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    waamo wrote: »
    Why are you opening post that isn't addressed to you? If I get anything in the wrong name I return it to the sender with a polite note that it's the wrong address.

    Opening post addressed to someone else isn't an offence, but using the content to your advantage or the other person's detriment is.
    I would suggest that interfering with a court case would constitute the latter.
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  • molerat
    molerat Posts: 34,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I am still trying to figure out why you are even trying to defend this. You have no right to appear in court as you are not an officer of the company or named on the form, I doubt the court officials will even let you in. Did you ever, as advised in February, look the company up at Companies House ?
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