Money claim advice

[chris52]

I wonder if someone could give me a little advice. I work for a ltd company I’m not a director or a shareholder but do deal with customer complaints. Anyway a customer that had a complaint has decided that it’s best dealt with via money claim but instead of claiming from the company has made his claim against me personally.
I replied stating that he should claim against the company as that was who his complaint related to and not me. This was rejected by the customer and it was sent to the small claims court. I sent in an email explaining the situation asking that a judge have a look at it. Today I get a reply from the court stating that the company should be added as a second defendant so I am still personally being taken to court. Is this right? Can I really be held responsible and possibly get a county court judgement for this??
Any help would be much appreciated

[EW109]

If a claim has been made against you, you need to defend it or you risk judgment being entered in default.

You might want to apply to have the claim against you struck out. Generally speaking, an employee in your position would owe no direct duty to the other party and the claim would be solely against the company.

Your employer really ought be assisting with this. Have they not instructed solicitors?

[M12MTR]

This makes no sense.

You are not financially involved with the company / owner / director / co-owner / shareholder / stake holder? And only an employee?

Why would a customer make a claim against you personally?

[Dixy]

if the customer is suing for a failure of contract then your defence is that you are not party to the contract. What has the customer put in the particulars of claim.

[Pegscratch]

Dixy said:

if the customer is suing for a failure of contract then your defence is that you are not party to the contract. What has the customer put in the particulars of claim.

This.

It needs struck out, but if you've been named you need to push this matter. It may be time to contact whoever provides you legal cover if you have it.

[chris52]

Many thanks for all the advice I will contact the court on Monday.

[Terminator X]

If he is claiming money from you albeit owed to him by the company then presumably it will fall on its arse in time. Just reply in good time all the way through and the other chap will have wasted his money.

TX.

PS how is the claim addressed? Presumably your name and the company adress as surely he will not know where you live. Even if a CCJ happened it couldn't tie back to the OP as the adress will be wrong.

Edited by Terminator X on Friday 12th March 22:11

[Sheepshanks]

M12MTR said:

Why would a customer make a claim against you personally?

Maybe they're trying to create some activity - seems to be working.

[oblio]

chris52 said:

Many thanks for all the advice I will contact the court on Monday.

As mentioned: does your company have its own legal team or a firm that they use for other matters? If so then the firm you work for should be taking on the weight of this I reckon by enlisting this legal help rather than you having to shoulder the burden/worry etc.

[ralphrj]

Are you the Company Secretary?

[Cyberprog]

Strictly speaking, it's not your problem to get the claim corrected to be against the company.

As others have said, you need to simply defend the claim in that you are not party to any contract with the customer, and as such the claim should be struck out.

The court will likely then rule upon it and kick it to the curb, and the twit will then have to file a fresh claim. You could also counterclaim for your costs in the matter, at the LIP rate of £18 an hour I think, so an hour of time plus the postage if handling it that way, or just £18 if online. The twit could end up having to pay you