Found out defendant change of address after small claims court issued claim

[jimmybond007]

So the clue is in the title but I'd like to give some more context. Have used online small claims court to issue claim of £870 to a caterer (ltd company) who cancelled on the day (30/9), promised refund in email but has not refunded and not responding. The business is still active and is showing the address of the Director on companies house. This is where all correspondence was sent and they only have 5 days left before I can issue a judgement against them. However, I have just found out the email I used for them on the form now bounces but more importantly, they have set up another company which shows a new address (which is clearly residential so I think 'maybe' they moved). Can I change the form so that all emails and correspondence got to them or does it not matter as it's their problem not mine. Or should I write to the new address (special delivery) telling them that I know where they live (or words to that effect!!). Thanks for any advice!

[wales01man]

Is you claiM against a LTD company? if so you say they have changed the company name us tis to another LTD company and is the old one still active a check on companies house is needed.

[atticus]

But your claim is not against the new company. If the company you are suing shows an unchanged registered address, then service at that address is good.

[jimmybond007]

Sorry if I wasn't clear. Both companies are active on companies house (for now). I just happen to know (she told me before cancelling) that she was setting up a new company so it is basically an new incarnation of her old business. As I'm writing this it seems clear that I am pursuing the old (but active) company at her old address and that's how it will be.

So unless I'm wrong on that, perhaps the latter question is the most relevant one. Re-worded...can a Director just switch off email, change address so that no correspondence is known to them as they wont receive anything and therefore never have to worry!

And bear in mind this is a Ltd company although just one director which is also worrying me as she can just move on to the new company (which she has) and let the old company cease trading (which she has not done yet).

[jimmybond007]

But your claim is not against the new company. If the company you are suing shows an unchanged registered address, then service at that address is good.

Think I answered that - I realise that now. So it's my latter question/worry!

[wales01man]

The big question is. Does this company you are suing any assets?

[jimmybond007]

The big question is. Does this company you are suing any assets?

Writing on here made me research more. Latest accounts were £85k in debt. So they have quite rightly, closed the business and opened a new one. Taking money from me knowing this was unethical but clearly lawful. Oh well.

[Pezza54]

All is not lost. If the company director owns a property, you win your court claim and the company fails to pay up can get the court to make a charge order against the director's property. If and when she sells her property you should receive your money.

[Pezza54]

There is a chance that the director has left her private address on the companies house register. Since 2009 directors do not have to show their private address but some have not removed it.
If her address is still there, you can research the property on rightmove and find out when it was last sold.

[atticus]

All is not lost. If the company director owns a property, you win your court claim and the company fails to pay up can get the court to make a charge order against the director's property. If and when she sells her property you should receive your money.

No! No! No! That is wrong. If you get judgement against a company you cannot simply enforce it against the property of a director or shareholder..

[jimmybond007]

No! No! No! That is wrong. If you get judgement against a company you cannot simply enforce it against the property of a director or shareholder..

That's what I thought. It's free for me to issue the CCJ so I may as well. But she's moved on now protected by limited liability. I'll be one of many creditors (bounce back loan probably) so she can just ignore (not receive) any correspondence and start her new business afresh.

[Pezza54]

The director can be held personally liable for fraudulent misrepresentation. Did the director tell you the company was financially buoyant before you agreed to the contract?

[atticus]

That is a very different thing, requiring a whole new case. Add a massive dose of complexity and risk of paying the other side's defence costs because the case will certainly not be allocated to the Small Claims track, and anyone embarking on that course for the kind of sum involved here will need a serious head examination.