Is my CCJ invalid

[jules59]

Enterprise Inns plc throw my husband and I out of a pub which we leased as they wanted to sell it. We lost everything and came away with nothing. The lease allowed them to claim 6 months rent even after we left and they took us to court for it and won. We have a CCJ which we are paying monthly. However, Enterprise Inns plc are showing as a dormant company on the companies house website and they have not posted any trading accounts. Therefore I am wondering if the CCJ is still valid. They are now Ei group with a new company registration number. Any advice would be really helpful since this is a civil matter and I cannot afford to go to a Solicitor.

[R0b]

Hello, i's irrelevant as to whether the company is dormant or not, if they are still active then the CCJ remains payable to them.

[jules59]

Hello. I have been doing a little research into dormant companies and what they can or cannot do financially. To keep their dormant status they are NOT allowed to put any kind of payments through their accounts so I am wondering who is getting my payments ?

[jules59]

Enterprise Inns plc are no longer active. they have not posted any financial accounts, just confirmation notices that are still dormant. Since the CCJ was awarded to Enterprise Inns plc, they cannot legally be allowed to divert my payments elsewhere

[R0b]

Yes, the dormant company must notify Companies House and HMRC if it ceases to be dormant, but that in itself does not prevent them from bringing a valid claim against you. The issue of whether or not the company should be dormant is one for the company, not you.

Without checking, I'm not sure if the company is not allowed to carry out any transactions at all or whether it is significant transactions that are deemed to be seen as trading. Whether recovery of money from legal proceedings is considered a signification transaction would require further research.

However, it still wouldn't have an affect on their claim against you.

[R0b]

Also, you keep talking about enterprise inns plc but I can find no limited company known by that name - do you have their company number, or are you talking about a public limited company

[jules59]

Would be useful to know if I am right, or not, there are always little loopholes that joe public don't know about.

[R0b]

Well the only way your really going to know that it to get some specialist legal advice. In my view, whatever loophole you are looking at wouldn't affect their right to pursue you for breach of contract and whether they are deemed dormant or not is a matter between them and HMRC or Companies House.

[paulajayne]

Were you in any way in breach of the lease agreement?

[des8]

I think this is a case of a company simply changing its name.
Enterprise Inns PLC was a previous company name for Ei Group PLC
The name changed on 9th Feb 2017
https://beta.companieshouse.gov.uk/company/02562808

[jules59]

I'm new to this so forgive me for not being more precise. The CCJ was awarded in 2014 to enterprise Inns Plc, and monthly payments have been sent since then. So I guess my question is, Enterprise Inns are now listed as dormant with companies House, Are they still entitled to my payments ? they are merged with another co and trade as Ei group now which is listed as another seperate company with a completely different company registration number.

[des8]

I cannot find where Enterprise Inns is listed as dormant.

Enterprise Inns Ltd Company number 10517727 status active http://wck2.companieshouse.gov.uk//compdetails
Ei Group PLC Company number 02562808 status active (previous name Enterprise Inns PLC) http://wck2.companieshouse.gov.uk//compdetails

What company name and number do you have?

It seems the name of the creditor has changed.
The debt remains and is still due to the company, no matter what they call themselves

[jules59]

He's but they are filing accounts for a dormant company with no trading.

[Amethyst]

https://beta.companieshouse.gov.uk/c...filing-history

what date was the CCJ obtained ? ( before Feb 2017 EI Group was still Enterprise Inns - so really they should get the judgment holders name changed on the judgment - and likely would need to before they could carry out any enforcement of the judgment - but its a straightforward change of name )

[des8]

A dormant company is one which has no significant accounting transactions during its financial year.
Such companies are considered inactive for Corporation Tax purposes because they are not involved in any kind of trading activity, so continuing to collect money owed (especially if it has already been accounted for) would allow the company to file its annual accounts for a dormant company.