Defendant's name is incorrect on court form

My dad has mistakenly completed the small claims court with the incorrect defendants name (he used the name showing in their email address which they are saying is his wife), however when they have completed the defendants details they have also put the incorrect details Mr then his wifes name and electronically signed it as statement of truth in what he says is his wife's name. We were told we could amend at mediation  but the defendants at the last minute said no to mediation and then we went into lockdown. We have now received a court letter and the defendant has emailed my dad stating he is taking the incorrect person to court. I am unable to find out how to amend the name as when I call the court I am so far down the queue it is impossible to wait. Has anyone been in a similar situation that can offer advice?

Replies

  • stocky1609stocky1609 Forumite
    2 Posts
    First Post
    MoneySaving Newbie
    Sorry I should have said he purchased an item from ebay which went missing and now has ended up going through small claims court. Thank you any advice given
  • RFWRFW Forumite
    9.6K Posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    Sorry I should have said he purchased an item from ebay which went missing and now has ended up going through small claims court. Thank you any advice given
    The court claim needs to be in the correct name. If it's actually someone else's name then they can easily defend it as never having had that transaction. I don't know how courts are corresponding but may be best to email them with the court details and say that the claim has an incorrect defendant name and you need to start again.
    If it gets before a court with the wrong name on then you've probably lost the money on that claim and need to start again.

    If you want help with why you've got this far and maybe a way of getting money back without going to court then post more details. I'm finding it hard to understand why Paypal/Ebay didn't refund you. Presumably there is some tracking which suggests that the seller may win a court case anyway.

    .
  • soolinsoolin Forumite, Board Guide
    68.1K Posts
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    Are you able to clarify the account holder name on eBay - not the email or the person who signs the letter, but the actual account holder name?  This is easy if it’s a business as it will be on all the listings, but more problematic if it is a private seller. 

    Does PayPal show a seller name by the transaction? 
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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