Amend judgement

[Weld]

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.

[atticus]

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?

[Weld]

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

[atticus]

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?

[Weld]

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

[atticus]

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.

[Weld]

I’m 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.

[Weld]

I feel very out of my depth, I feel I need proper representation but after losing just over £9k I don’t know if I can justify more expense but if I don’t I lose everything!

[Pezza54]

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

[Weld]

I paid online and the transaction was listed as the limited company

[Pezza54]

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

[Weld]

Will I need to send another letter of intent?

[atticus]

If you intend to sue someone else, yes.

[Weld]

It’s 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.

[wales01man]

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