I'm being taken to the small claims court. YIKES!!!

[murphyx]

Hi all

I run a small web based business selling computer products. I have just received notification from the courts that a small claims case has been raised against me by a customer who claims that a product they purchased from me was faulty.

They originally returned the product to me several months ago for repair, but after extensive testing I could not replicate the fault the customer referred to and therefore returned it back to the customer as fault free. In the meantime, the customer purchased a replacement from elsewhere and is claiming a refund of the original cost of purchasing the product from me, plus the return postal cost and interest.

I intend to dispute the claim and have a few questions.

Firstly, the court papers have been addressed to my website (xxxxxx.co.uk) and home address rather than to me or my (private limited) company name and company address. How can I get this changed to reflect the real defendant (XXXX Ltd) and indeed do I need to do this? Will the case automatically fail if the defendant is wrongly named?

Secondly, the papers were filed in a London court, but I am based a couple of hours from London. I know that as a private individual I could have the case transferred to my local court, but if I defend the action as a company, do I still have the right to do this, or will I have to travel all the way to London?

Any advice would be hugely appreciated.

[bwglaw]

Originally Posted by murphyx

I run a small web based business selling computer products. I have just received notification from the courts that a small claims case has been raised against me by a customer who claims that a product they purchased from me was faulty.

They originally returned the product to me several months ago for repair, but after extensive testing I could not replicate the fault the customer referred to and therefore returned it back to the customer as fault free. In the meantime, the customer purchased a replacement from elsewhere and is claiming a refund of the original cost of purchasing the product from me, plus the return postal cost and interest.

Put this in your Particulars of Defence. You will need to supply evidence later to substantiate this. If your defence is rejected by the Court they will award her the cost of a replacement

I intend to dispute the claim and have a few questions.

Tick the box on the Acknowledgement of Service which says you wish to defend the claim. Tear off the bottom part and send it to the Court. You will have an extra 14 days to reply.

Firstly, the court papers have been addressed to my website (xxxxxx.co.uk) and home address rather than to me or my (private limited) company name and company address. How can I get this changed to reflect the real defendant (XXXX Ltd) and indeed do I need to do this? Will the case automatically fail if the defendant is wrongly named?

No, it won't automatically fail. Who is the contract with? By that I mean who was paid the money, you or the Limited Company? Who is the registrant under the domain? Does the site mention anything about your Limited Company?

Secondly, the papers were filed in a London court, but I am based a couple of hours from London. I know that as a private individual I could have the case transferred to my local court, but if I defend the action as a company, do I still have the right to do this, or will I have to travel all the way to London?

It will be at the Court's discretion where the Claimant is an individual and the Defendant a Limited Company. The Court will send an Allocation Questionnaire once replies have been filed. On this questionnaire it will ask you numerous questions, including where the case should be heard.

[murphyx]

Hi Handsongroup

Thanks for your reply.

With regards the defendant named on the papers: the website clearly states that it is owned and operated by the Limited Company. However, when the payment was made, the payment processor would only have made reference to the website.

So, if the case continues with the website named as defendant, who will actually be defending the claim: myself or my company, which are of course seperate legal entities (or indeed the website alone)?

Thanks

[bwglaw]

If the domain name is registered in the Limited Company name and payment was made to it, or there is evidence of a contract (i.e. the website) between the Limited Company and the claimant then the Defendant is the Limited Company. When you reply to the Acknowledgment of Service you can input the correct details