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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have done some work for a limited company and some work for

Customer Question

I have done some work for a limited company and some work for the individual who owns the company. I am going to the small claims court naming the individual not the company although I have worked for both. I did it this as I beleve that this would force the individual to pay wheras he wouldn't be bothered about another ccj against his company. I have received his defence which is that he aknowledges in full the debt but the debt is owed by his company. I said fine, pay then and I'll drop the case. He has ignored this so I have asked for a court date. My question is - if the court decides that the debt is owed by the company and not him, can I ask the court to order payment from his company?
Thank you - I hope this makes sense - the amoun involved is 580 pounds
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

No

Alex Watts :

The Court wont order a Judgment against someone who has no had an opportunity of defending the claim

Alex Watts :

A company is a separate legal entity,

Alex Watts :

What you need to do is apply to amend the proceedings NOW to include the Company

Alex Watts :

You need to make a formal application on form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is an application fee to pay

Alex Watts :

But if granted then you can send a copy of the claim form to the company so both the individual and company are named

Alex Watts :

Then if it proceeds to trial a Judge can award either or both

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-tvu3ld60- : Thank you Alex
Alex Watts :

Happy to help

JACUSTOMER-tvu3ld60- : there is no court venue decided yet, so do I send this form back to the small claims court office ?
Alex Watts :

You should have issued the claim somewhere, even if it was the County Court Business Centre

JACUSTOMER-tvu3ld60- : Thats it - so I send the form there? Any idea of the charges and would they be included if costs are awarded (I'm guessing not as its me that's making changes?
Alex Watts :

No, you have sadly lost the application fee as the proceedings should have been right in the first place.

Alex Watts :

I am sorry

JACUSTOMER-tvu3ld60- : No worries. I know I'm going to win as he has admitted owing the money, so I guess I will get my small claim fees back anyway?
Alex Watts :

Yes if you win thats right.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-tvu3ld60- : No thanks- it's been worth the money- merry Christmas
Alex Watts :

Happy Christmas to you too!

Alex Watts :

If I could ask you to rate my answer before you go today please - the button should be at the bottom of the screen

Alex Watts :

if you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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