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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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-- i have made a MCOL against a company that owes me money

Resolved Question:

hi -- i have made a MCOL against a company that owes me money and they have defended by saying that they are based in S Ireland and that they incorporated a UK wholly owned subsidiary 1 year after my contract with them was made. When we had our contract, they did not have a separate UK entity, but were operating here under the same name -- can I sue them for payment of my outstanding invoice in the UK courts?
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 : Did you have any written contract with them at the time?

yes, I have a contract with "Curlet Ltd" dated 6 February 2009 in which they agree to pay my outstanding invoices over time; they made two payments but failed to pay the balance; all services completed in the UK, and they were operating here;

Alex Watts : That is who you sued?
Alex Watts : But I don't get why they are saying it was a non UK company?

no, I was told they had undergone a name change to "Amplience (UK) limited" and that is who I sued. Now they are saying that they had a name change to "Amplience Ltd" and incorporated a UK operating company that had nothing to do with my contract with them. At the time of our contract, no such UK operating company existed -- the Irish company was operating here.


the UK operating company is a wholly owned subsidiary of the Irish company

Alex Watts : but it was the UK company your contract was with?
Alex Watts : and you sued them in the new name?

apparently the company was registered in S Ireland; but they were operating here. I think I would have been able to sue them at the time because they were operating here, but what about now when they are no longer operating here?


this seems to be confusing you -- to be clear:


My contract was with a S Irish company called Curlet Ltd


Curlet Ltd was operating here in the UK


work was completed here


They have changed their name to Amplience Lt

Alex Watts : I agree, they are operating here your contract was with them here, you should be able to sue them here.
Alex Watts : So if everything was done in the UK then UK law applies.

they have also incorporated a wholly owned subsidiary called Amplience (UK) Ltd and are now ONLY OPERATING HERE through the subsidiary

Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : ok

sorry -- you have not really answered my question


I know UK law applies -- my question is whether I can sue a S Irish company that is (technically) no longer operating here (because they are operating through a subsidiary)

Alex Watts : You asked if you can sue them in the UK courts? On the basis of what you habe said the answer is yes.
Alex Watts : Yes you can sue them here.
Alex Watts : they are within the EU

how do I serve them?

Alex Watts : By post.
Alex Watts : There are extra days for service but post is acceptable.
Alex Watts : or courier

do I have to apply to the high court to serve them abroad or can I do that through MCOL

Alex Watts : you can't do it through MCOL, you need to serve a paper claim yourself

how do I do that? Is it is different system than MCOL or is it the same system with paper service instead of online?

Alex Watts : It's 21 days for service. You can only sue UK companies via MCOL
Alex Watts : if I remember it is only UK companies and individuals
Alex Watts : but issue a paper claim and you can post or courier it.
Alex Watts : Does that clsrify?

so do I have to go to a solicitor to sue or is there a DIY similar to money claims?

Alex Watts : You just complete form N1
Alex Watts :
Alex Watts : Tell the court you want to serve, you get tha papers back and that is it

is there no way to apply to change the name of the defendant to the parent company or do I have to pay another filing fee and start over?

Alex Watts : You can apply to add or substitute a defendant - that cost is £50
Alex Watts : You then need to make a formal application to court and seek permission l

ok, cool that sounds like the best option -- do I contact the money claims helpline and file to substitute?

Alex Watts : No, you need to complete form n244
Alex Watts : then submit to Northampton CBBC

just referencing my claim number?

Alex Watts : Yes.

thanks that is incredibly helpful!! I really appreciate it --

Alex Watts : Happy to help.
Alex Watts : Please remember to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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