Tweet
I have a similar issue and would welcome some advice.
In summer 2013 I took a company to Warwick County Court court because of non-payment of a debt. At that time it went under the name of XXX Ltd and had company number nnnn.
The Court found in my favour at a hearing in January 2014 and awarded me over £8,000 in total. The CCJ was registered in April 2014 against the name XXX Ltd. Neither the Writ from the Court nor the Registry Trust makes any reference to company number.
In December 2013, ie after the claim had been lodged and allocated to the court, but immediately before the hearing, the defendant changed the name of the company to YYY Ltd. He then renamed another of his companies (which has never traded and has no assets) with the name of the original company - XXX Ltd. He made no attempt to pay the debt.
I have engaged the services of High Court Sheriffs who have had the case transferred up to the High Court. The company with registered number nnnn, originally known as XXX Ltd – now YYY Ltd - has substantial assets (net assets of over £560,000 in the December 2014 company report) continues to trade but as it is not named on the CCJ the Enforcement Officers are unable to proceed. The defendant has now dissolved the company currently called XXX Ltd.
It is clear that these changes of name have been made with the express intention of avoiding paying the amount due and have so far proved successful.
As a last resort, I am considering using Part 71 of the Civil Procedure Rules 1998 (CPR) to make the sole director (and company secretary, who happens to be his wife) come to court and provide details of the company's assets.
There are three things I'm unsure about:
" Why did you change the name of company number nnnn from XXX Ltd to YYY Ltd on 13th December 2013, ie after the claim had been lodged and allocated to the court, but immediately before the hearing?" or are we limited to financial questions?
Sorry this is such a long question but as you will imagine this has been a long and stressful process.
In summer 2013 I took a company to Warwick County Court court because of non-payment of a debt. At that time it went under the name of XXX Ltd and had company number nnnn.
The Court found in my favour at a hearing in January 2014 and awarded me over £8,000 in total. The CCJ was registered in April 2014 against the name XXX Ltd. Neither the Writ from the Court nor the Registry Trust makes any reference to company number.
In December 2013, ie after the claim had been lodged and allocated to the court, but immediately before the hearing, the defendant changed the name of the company to YYY Ltd. He then renamed another of his companies (which has never traded and has no assets) with the name of the original company - XXX Ltd. He made no attempt to pay the debt.
I have engaged the services of High Court Sheriffs who have had the case transferred up to the High Court. The company with registered number nnnn, originally known as XXX Ltd – now YYY Ltd - has substantial assets (net assets of over £560,000 in the December 2014 company report) continues to trade but as it is not named on the CCJ the Enforcement Officers are unable to proceed. The defendant has now dissolved the company currently called XXX Ltd.
It is clear that these changes of name have been made with the express intention of avoiding paying the amount due and have so far proved successful.
As a last resort, I am considering using Part 71 of the Civil Procedure Rules 1998 (CPR) to make the sole director (and company secretary, who happens to be his wife) come to court and provide details of the company's assets.
There are three things I'm unsure about:
- How to word the company name – ie YYY Ltd (nnnn) formerly known as XXX Ltd OR XXX Ltd (nnnn) now known as YYY Ltd (or something else?).
- As the case has been transferred up to the High Court do I issue the application for the oral examination in the original County Court or the High Court to which it was transferred?
- Can we ask additional questions such as:
" Why did you change the name of company number nnnn from XXX Ltd to YYY Ltd on 13th December 2013, ie after the claim had been lodged and allocated to the court, but immediately before the hearing?" or are we limited to financial questions?
Sorry this is such a long question but as you will imagine this has been a long and stressful process.
You'll get lots of help and advice from our knowledgeable Beagles.
Comment