Amending the name on a Judgement

[JohnnyA]

Hello,

I'm hoping this forum can help me get the clear answers I need to get a judgment that is stuck at the moment, moving once again.

I have a county judgement in my favour from a few months ago. It is against a defendant that I purchased goods from and have returned them but was refused a refund. I made a claim via the courts and a judgement was made in my favour, however, the defendant is now refusing payment on the grounds that I have sued the wrong name. I have sued a trading name and not the limited company that uses the trading name.

Please can someone explaing to me in clear steps what form or process I need to follow in order to get the name changed or the Ltd company name added to the judgement so it can be enforced? The defendant is likley to still refuse to pay, so I expect to have to go down the baliff route.

I have seen some helpful posts on here before about using the N244 form or requesting a warrant of control with CPR 83.18, but I cannot make sense of which one applies to me and is the correct way to go, and then how to actually do it. The N244 form is confisuing to say the least.

Many thanks in advance.

[des8]

If the defendant is correct that you sued the wrong entity (do check) you need to make an application on form N244 (£255 fee) to vary the judgement.The court could decline to vary and just set it aside allowing defendant to defend.

what part is confusing you?
These links might help
https://assets.publishing.service.go...-notes-eng.pdf
https://www.inbrief.co.uk/civil-cour...n-notice-n244/.

[JohnnyA]

If the defendant is correct that you sued the wrong entity (do check) you need to make an application on form N244 (£255 fee) to vary the judgement.The court could decline to vary and just set it aside allowing defendant to defend.

what part is confusing you?
These links might help
https://assets.publishing.service.go...-notes-eng.pdf
https://www.inbrief.co.uk/civil-cour...n-notice-n244/.

The confusing part is two fold. Firstly is the N244 form the right way to do this and if so how do I fill out each field the form correctly, how do I write a draft of the order and which order am I applying for? And is it definitely the £255 fee and not the £100 fee - "General application (N244) – by consent or without notice"

Is it not possible to apply to have the Ltd company name added to the judgment via another means? The defendant did choose to defend the case then did not turn up to the hearing which is why I received the judgement in my favour.

[des8]

Your order is on the lines of "to vary the name of judgment debtor to xyz ltd t/a abc .
The reason is that although a defence was entered the defendant did not plead that abc was incorrect"

The order is not by consent, and a hearing will probably be ordered.

I know of no other way