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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a warrant against a company, they have now changed their

Resolved Question:

I have a warrant against a company, they have now changed their name, they were using a registered address at a private house, also using the owners address, I have two separate receipts to prove this.
The Bailiff is not getting anywhere with recovering my losses.
Under the new name they run a shop, they have done so for over a year,the phone number is XXXXX same as the one I made 33 phone calls to complain to, as is the web address and email address is for the company I have a warrant for.
This new name for the company is not registered with companies house, although they are trading.
I have the forms online to amend the judgement, I am not sure if I should change it to the name of the shop or the owner, it looks complicated.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When you say changed the name do you mean set up a new company please? How much is the warrant for?
Customer:

Hi Alex, I claimed £620 + £60 for court judgement + £100 for warrant, so £780 without todays or further expenses.

Customer:

The shop in Fleet has been operating for over a year, I am not sure if they had this company before trying to remove the other company, I phoned companies house and they have asked to be removed, I managed to get the removal suspended till 29th August 2014.

Alex Watts :

OK - so you have suspended strike off.

Alex Watts :

So the new company name, that is separate from the OLD company?

Customer:

I am still waiting for your answer, do I change the warrant to the owner of the company or the name of the new shop.

Alex Watts :

But are they two separate Limited Companies?

Customer:

That's as maybe, so do I change the warrant to the owner to reclaim my losses, as I have explained it is the same person and all the details have been the same since I started doing business with them, it is just that they have changed their name, you have not provided me with any advice.

Alex Watts :

Sadly you can't just change the name on the warrant/

Alex Watts :

You would have to issue a brand new claim against the new company

Alex Watts :

But sadly the new company is likely to defend it on the basis you have no contract, or cause of action against them

Alex Watts :

A Limited Company is considered an individual entity so you can't sue A to get to B

Alex Watts :

But you would need to issue proceedings against the new company

Alex Watts :

You can't use the OLD judgment

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I do not find this very helpful, I can amend the warrant, I need to know if I sue the new company or the person. I know the company has been trading in a shopping centre for over a year and I have been phoning and talking to people there regarding the problem with my purchase, it is still under warranty, I think they might have been trading with both names at the same time.

Alex Watts :

Your question was: "I am not sure if I should change it to the name of the shop or the owner, it looks complicated."

Alex Watts :

You can NOT sue the new company - you have no contract or cause of action against them

Alex Watts :

You can NOT sue the owner - you have no contract or cause of action against them.

Alex Watts :

I asked if you had a CCJ against the Limited Company - you said yes

Alex Watts :

This company is an entity capable of being sued in the eyes of the law.

Alex Watts :

You can not sue the Director personally unless you have a personal guarantee and I assume you do not

Alex Watts :

You can NOT sue the new company because they are a new entity and you have no cause against them.

Alex Watts :

Only if the new company is the SAME as the old company (same company reg number) can you amend the warrant

Alex Watts :

You can't amend on the basis that they are owned by the same person.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Does that clarify the position?

Customer:

So basically I have spent all this money out, the product is still under warranty, (till September 2014) the new company is not registered, so I don't stand a chance getting the product repaired or recovering my costs.

Alex Watts :

Sadly yes - because your contract is with the old company not the new one.

Alex Watts :

I am sorry but I have to be truthful with you.

Alex Watts :

Even though its not what you want to hear.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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