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Amending defendent name on CCJ and Writ

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  • Amending defendent name on CCJ and Writ

    Good Evening

    I recently started a case through Mcol long story short case was awarded in my favour and CCJ was issued defendent applied to get the judgement set aside but failed to appear in court, judge again awards CCJ.
    So now to enforce I decided to go down the route of a high court Writ this was issued and sent to the company after 7 days enforcement officers visited the property and were met with a letter informing them the name I had used was a trading as name and had no legal entitity so the enfocemtn wouldn't be legal.

    So the help I now need is, is there away to get the defendent name changed on the CCJ and High court Writ?

    Thanks in advance all help great fully appreciated.
    Tags: None

  • #2
    What were the grounds of the judgment set aside application ? Did that mention the trading as name and ltd company name ? Is the trading name completely different to the ltd company name ?

    Who was the original contract with that the claim was was based on ?

    ( ie don't just take their word for it that the claim was against the incorrect entity - if that was the case why apply to set aside? )

    If it does turn out to be wrong then you would need to apply to change it ( form N244 and a £255 fee ) and potentially the court could refuse and allow the judgment to be set aside and the defendant to defend the claim.

    https://thesheriffsoffice.com/articl...-on-a-judgment
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



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    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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