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Enforce online CCJ though debtor now says it is not his debt.

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  • Enforce online CCJ though debtor now says it is not his debt.

    Hi

    I hope someone can help me. I represent a young start up company.

    My company supplied goods to a restaurant.
    They did not pay.
    I requested a CCJ against "Defendant Name T/A "The restaurant Name"
    Judgement was issued in default. (Less than £600)

    I have e mailed defendant who states he can find no trace of CCJ against him and that it should have been against
    Different Restaurant Company Limited (Of which he is a director)


    So can I enforce judgement against him personally anyway (as CCJ has been issued)?
    If so do I need to send a N323 form?
    As it was an online claim I would be unsure where to send the form
    Will the baliff (or whoever) just accept it should not be against him and take no action?

    Should I request a new CCJ against Different Restaurant Company Limited?
    And if granted how would I enforce as above

    Thank you for time and assistance should anyone be able to advise

    Richard
    Tags: None

  • #2
    When was the default judgment obtained? If less than 28 days then it won't show on trust online or his credit file yet. You can give him the claim number and he can contact the court for confirmation, or you can send him a copy of the judgment order.

    When you contracted with him was he a sole trader or a ltd company ?

    If your sale contract was with a Ltd company then the claim would indeed need to have been against the Ltd company.
    If he was a sole trader then the claim would have been against him t/as restaurant - as you did.

    If he was a Ltd company then the judgment against him personally would be incorrect and he should actually apply to set-aside the judgment due to it having been brought in the wrong name. You can consent to the set-aside. Then the claim can move forward either with him making payment or defending the case.

    Or you can ask him to just settle the bill now, and you'll not have to incur further costs and pass those on to him. And can just tell the court the judgments been paid and it won't be registered against him.

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Comment


    • #3
      Was he asking for the goods personally or on company headed paper?

      Comment


      • #4
        Originally posted by ostell View Post
        Was he asking for the goods personally or on company headed paper?
        Hi
        Thank you for your assistance
        Apologies for the late response

        He was contacted (and placed order) by e mail from his personal e mail address.
        He has told me that "the site traded as xxx Bars Ltd at the time you were invoicing and your invoices (marked as (actual name of restaurant)& Burger) are filed in that companies accounts."
        He admits to being a director of xxx Bars Ltd.

        Amethyst - I presume the problem will be that we did not ascertain beforehand what entity we were dealing with - however we were presumably dealing with some one/thing!
        I would have thought that he simply has no intention of paying but he has engaged in correspondance and quote "
        It is clear that the CCJ that has been awarded has not been made against myself so I’m not sure who it has been issues against. It is not present on any credit report.
        What ever the advice that comes back, I intend to ensure payment is made to yourself"

        so not sure if worth trying to obtain ccj v Xxx Bars (and then not sure if it can be easily enforced) (I think xxx Ltd probably has assets) -the debt is less than £600

        Thank you again for assistance it is much appreciated.

        Richard

        Comment

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