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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
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: 2 years ago.
Category: Law
Expert:  Ash replied 2 years 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?
Customer:

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?
Customer:

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.

Customer:

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?
Customer:

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?

Customer:

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

Customer:

My contract was with a S Irish company called Curlet Ltd

Customer:

Curlet Ltd was operating here in the UK

Customer:

work was completed here

Customer:

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.
Customer:

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
Customer:

sorry -- you have not really answered my question

Customer:

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
Customer:

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
Customer:

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
Customer:

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?
Customer:

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 : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : Tell the court you want to serve, you get tha papers back and that is it
Customer:

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
Customer:

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
Customer:

just referencing my claim number?

Alex Watts : Yes.
Customer:

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
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