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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?
Thank you but can you please clarify what your question in relation to this is please?
ok thank you I am unclear as to what order you are going to ask the court to make - what exactly are you going to ask the court to do, what specific order do you require?
ok thank you. I am not sure why you are suing an individual here - your claim is surely against the company, not an individual?
Yes you are suing the company, not the person you have been communicating with. Your contract was with the actual company. The directors will just be in charge of running the company but legally it is the company which has its own legal status. So as your contract was with the company that is who you should be suing, not who you have been communicating with. So you do not need to complete form N244, all you have to do is re-issue the claim or try to get the court to change the current claim to remove the individual and replace it with the company's name.
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You have two options - just abandon the current claim and issue a new one with the company's name. Or you can ask the court to allow you to amend the existing claim but you need their permission to make changes so you would have to use form N244 for that too
They may allow that if it is at such an early stage of the process so do that first then if it is rejected you will either have to fill in N244 asking for formal permission to amend it or issue a new claim. So you have nothing to lose by doing as they have suggested. You have 6 years to make a claim so you are not going to run out of time any time soon if you tried that first
Yes of course, just state it was a genuine error that you incorrectly thought you had to sue the individual but as soon as you realised otherwise you have tried to amend the claim and it is just simple change of who the respondent is. Hope this clarifies?
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