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Amend judgement

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  • Amend judgement

    Hi, i went through the claims process online and ended up with a CCJ against the debtor. he has ignored it so I am trying to escalate it to get the bailiffs to attend. Unfortunately I have been informed that the name on the judgement is incorrect, I put the name he trades under rather than the name on companies house, and they won't proceed until it has been amended. The problem I have is having been told it's possible to do I can find no information on how to go about it, what forms or procedures are required. Can someone please help before he removes all his assets! Thanks.
    Tags: None

  • #2
    A Companies House name will be that of a limited company. If you have obtained a judgement against an individual you are going to have to start again and sue the correct defendant. Do you know who that is?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Yes I do . I put for arguments sake "Happy house imports" which he trades under instead of "Happy house Limited"

      Comment


      • #4
        Who is the trader, "he" or the limited company? You will understand that a limited company is a separate legal entity.

        So is it Fred Smith who trades as Happy House Imports, or is it Happy House Limited trading as Happy House Imports?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Fred bloggs trades as happy house imports but the name on companies house is happy house limited

          Comment


          • #6
            You appear to be saying that you have correctly sued the individual and not the limited company. As you know, they are separate and distinct legal entities.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Iím not sure what I have done. I was asked to provide the name of the company and the name of the person which I did unfortunately the name of the company was incorrect.

              Comment


              • #8
                I feel very out of my depth, I feel I need proper representation but after losing just over £9k I donít know if I can justify more expense but if I donít I lose everything!

                Comment


                • #9
                  Did you make payment to an individual or a limited company?
                  If the trader gave you a bank account number and sort code to transfer money on the internet, your bank should have confirmed the name on the account

                  Comment


                  • #10
                    I paid online and the transaction was listed as the limited company

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                    • #11
                      Assuming the CCJ was made against the trader because he didn't file a defence, you need to make a new claim against the limited company. Check the company's name and address on the Companies House register

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                      • #12
                        Will I need to send another letter of intent?

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                        • #13
                          If you intend to sue someone else, yes.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Itís not someone else! I sent my letter of intent to the owner, he responded with a pathetic online solicitors email. If he responded to that then he must be acknowledging it is him.

                            Comment


                            • #15
                              Did he respond as an individual or in the name of the company you claimed against?

                              Comment

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