Debtor asking to set aside after payment

[borito]

Hi, I apologise if this isn't the correct place for this but I am in need of some legal advise.

I won a CCJ against a company who did some shoddy work. They stopped communicating with both Trading Standards and myself which is why Trading Standards advised to take them to Small Claims Court.

The company then changed their name and "set up" a new company name - same premises, vehicles, staff etc but with the name slightly amended.


I submitted an N244 form to the courts to get the details changed along with pictures and anything else I could get to for evidence and the other party didn't contest it. So the details of the CCJ then changed to that new name.


I instructed a company to obtain a high court writ which they did, and have received the money owed by the debtor and is now in my bank account.


However, a week later, the debtor has now asked the court to set aside this judgement and we will have to attend court.

Does this mean that there is a chance that we might have to pay the money back to him? Throughout this process he has had a solicitor and we have submitted the paperwork ourselves. I expect him to take his solicitor, would it be necessary for me to obtain the services of a solicitor for this hearing?

[Amethyst]

Re: Debtor asking to set aside after payment

On what basis have they made the application to set aside? Also were/are they a ltd company and did they go into admin or just change headed paper ?

Also how much approx is the judgment ?

[borito]

Re: Debtor asking to set aside after payment

On what basis have they made the application to set aside? Also were/are they a ltd company and did they go into admin or just change headed paper ?

Also how much approx is the judgment ?

The amount i received including court costs etc was approx £4500. They are a Limited Company.

They amended the name on the signage and van but still the same premises, vehicles and staff.

They tried to dissolve the old company but we have asked companies house to put that on hold whilst this is going on which they have done. They registered this new company with the amended name which is why we were advised to submit a N244 form asking the court if they can change the name.

- - - Updated - - -

Sorry, we don't know for what reason they have asked for this yet, we're still awaiting that information from the court.

[borito]

Re: Debtor asking to set aside after payment

Hi,

Sorry for the delay we have just received the court papers.

They are claiming they never received the papers. Also that the new company has a different company number to the old one so the money should be returned. And that we dont have a contract with the new company.

I spoke to a solicitor who said that this will probably be the case, is there anything we can do? They're still using the old vehicles and same assets, can the new company just use them and it be ok?