Have been taken to the Court by mistake

[PM_contract]

My LTD company has received a Claim Form from Northampton County Court. There has been a claim made by the solicitors acting on behalf of one of the UK largest credit companies for £7,000 against my company for missing payments for some sort of credit agreement.

I’ve called the Credit company and, apparently, their solicitors have made a mistake filling this claim against the wrong company (the other company has got a similar but not the same name). They’ve admitted their mistake. They said they will get this rectified very soon and will send me a letter confirming this. Three days have passed and there has been no letter.

Both, the Credit Company and their solicitor, stated that there will be no impact to my Ltd company credit rating, financial records, etc. Is this correct? I thought there are records kept, at least in the County Court, on claims made against Ltd companies even if such claims are cancelled. Are there any actions I should take to ensure that everything is resolved correctly?

Any advice is greatly appreciated.

[squarepeg]

My LTD company has received a Claim Form from Northampton County Court. There has been a claim made by the solicitors acting on behalf of one of the UK largest credit companies for £7,000 against my company for missing payments for some sort of credit agreement.

I’ve called the Credit company and, apparently, their solicitors have made a mistake filling this claim against the wrong company (the other company has got a similar but not the same name). They’ve admitted their mistake. They said they will get this rectified very soon and will send me a letter confirming this. Three days have passed and there has been no letter.

Both, the Credit Company and their solicitor, stated that there will be no impact to my Ltd company credit rating, financial records, etc. Is this correct? I thought there are records kept, at least in the County Court, on claims made against Ltd companies even if such claims are cancelled. Are there any actions I should take to ensure that everything is resolved correctly?

Any advice is greatly appreciated.

Get your own solicitor to send them a letter gently threatening legal action if this does not get rectified in a short period of time (do ask your solicitor what is the right time frame in this case). Credit companies' solicitors are working overtime and may "forget" you while they are chasing other people and companies. A letter from a solicitor promising a costly rectum examination will help them remember what they promised. Yes, the solicitor will cost you money, but it's an expense you can claim on your tax return or, should the other side not comply with your request, claim it in court.

[NotAllThere]

It might be worth calling the clerk of the court. Often they can sort out cock-ups like this - they don't want the court's time wasted. If not, they can give helpful advice.

[psychocandy]

Hang on now though - surely it only becomes an issue for your company if they go to court (or of course if you dont defend it) and you lose.

Otherwise, just fill in the defence form saying its not you. If they want to carry on and go to court, they'll be the ones looking like tits when the court realise its all wrong. You aint gonna get a CCJ against your company if its a mistake are you?

Just cover yourself and point out its not you and let them worry about it.