county court claim

[christinejbrown]

i have issued a county court claim against a company,i used the name on web site and board outside company ,i have now found out they have a different trading name ,do i need to get the claim form changed to trading name or will this still be legal as they use name i put on forms as well
please help with this

[Amethyst]

Re: county court claim

Is the name you stated on the claim the actual registered company name or a trading as name?

[christinejbrown]

Re: county court claim

Not sure the name I put on court papers is name on Web site and on board outside company

[enquirer]

Re: county court claim

A company (this is the primary identity and only true entity), can 'trade as' any number of names. Big firms often do this in order to obscure their association with cheap or shoddy products.

If you issued the claim in the name of the company, you should be okay. Ideally, you issue as 'X trading as Y', with Y being the name associated with your particular problem. If you issued it only in the trading name, you may be in difficulty - check with the court to see if it will still be accepted.

[christinejbrown]

Re: county court claim

I have rang the court and they cannot give legal advise,i can apply for a change of name on the summons,but you are not guaranted the judge will do this,and it costs money,the reason i am doing this is i am a small business and cannot get trading standards to help me,if i had been Joe public ,they would have contacted the garage concerened

[christinejbrown]

Re: county court claim

are there no legal people on this site who can say this is what you need to do,i have rand 20 different numbers yesterday for advise and each one says they give legal advise ,to be told they do not know and cannot give legal advise ,the court when i rang say the same thing

[wales01man]

Re: county court claim

Have you their Invoice or a letter showing the Company name registered office address and company number?

[christinejbrown]

Re: county court claim

would have to ask my husband if he has one,why is that

[wales01man]

Re: county court claim

Its the Company that's Ltd and there registerd office to which all legal documents are sent

[Amethyst]

Re: county court claim

If the claim has been served on the company then I'd wait until they respond to the claim. You will be able to amend the name if necessary further down the line but if you have used their ltd company or trading as name it should be fine so long as you have had the papers served to the right address.

[christinejbrown]

Re: county court claim

they have not responed to claim the fourteen day period is up today,i put the name of what is on their web site and building ,i have not put the limited name ,i put the name as i said that is on their web site ,but have been told by someone the paper work is usless unless i put company name they are registered with,i am keed to go to the coury and have the summons finalised

[FlamingParrot]

Re: county court claim

they have not responed to claim the fourteen day period is up today,i put the name of what is on their web site and building ,i have not put the limited name ,i put the name as i said that is on their web site ,but have been told by someone the paper work is usless unless i put company name they are registered with,i am keed to go to the coury and have the summons finalised

Did you issue the claim online through MCOL? If so, bear in mind the defendant has an additional 5 calendar days allowed for service from the date you submitted the claim, before you can apply for default judgment. :juge:

If you haven't read it before, you may find this guide useful: MCOL guide for claimants. :thumb:

[FlamingParrot]

Re: county court claim

Whilst on the subject of default judgment, do bear in mind obtaining judgment is only the beginning. It doesn't mean you will automatically get paid. In some cases, merely issuing a claim will have the desired effect of making the other side pay, it worked with me in 2001! :clap2: :bounce:

In this case, however, it looks like it hasn't had the same effect. If you obtain default judgment, the defendant could decide to pay within 28 days to get the CCJ off the record. :grin: :grin: :grin: If they don't pay, you will need to look at enforcement options. You can't get an attachment of earnings against a company, so a warrant of execution would probably be your best bet. You don't say how much you are claiming... :noidea: whether it would justify a threat of forcing the liquidation of the company.

[christinejbrown]

Re: county court claim

i ahve checked a reciept and the trading mane is the name i used with a retail limited added on the end,is the claim going to be legal

[christinejbrown]

Re: county court claim

I am trying to claim £1450,can i cancel first claim and do a new claim in the right name