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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A county court order has been issued by a supplier

Resolved Question:

Hello
A county court order has been issued by a supplier to a pet food business who is a limited company, however on the court papers is does no state in the defendant box that the company is limited in fact it has the company name nelsons pet food with the name ***** ***** underneath it, no person by the name ***** ***** has worked for the company.
In addition to this the company who the claimant has been supplying nelsons pet food limited has ceased trading and does not have any assets.
A court bailiff attended the industrial unit in relation to the case and although I told them that nelsons pet food limited had ceased trading and that a letter had been sent to the court (which i showed them a copy of I was told that this didn't mean anything) and that they did not have any assets they said didn't believe me and levied some of the goods in the warehouse, this was done by taking photographs, no paperwork was left by the bailiff. I was told that I had 7 days to sort it out before they would attend again to remove the goods
A new limited company now occupies the building.
My question is is the court order valid as the name on the court order is different to the company who bought goods from the claimant
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Are you the claimant or defendant please?Alex
Customer: replied 1 year ago.
the defendant
Expert:  Ash replied 1 year ago.
Why did you not defend it on the basis you were not the Ltd company?
Customer: replied 1 year ago.
the court order has been issued on a non limited company with an individuals name underneath it, but the supplier of the goods was supplying and knew that they were supplying a limited company, so does the claiment have to start the process off again of with the court order
Expert:  Ash replied 1 year ago.
But if the name on the claim was wrong, why did you not file a defence saying there was no contract, when it should have been with the ltd company?
Customer: replied 1 year ago.
the person who was dealing with this was off sick and the whole thing got over looked
Expert:  Ash replied 1 year ago.
When was the date of Judgment? When did you find out about it?
Customer: replied 1 year ago.
19th of january was the judgment and found out about it ariund the 14th of february
Expert:  Ash replied 1 year ago.
When did bailiffs turn up?
Customer: replied 1 year ago.
1st of march
Expert:  Ash replied 1 year ago.
Do you have evidence of the assets belonging to a different Ltd co?
Customer: replied 1 year ago.
i have an invoice from nelsons to the new company for the stock that was purchased
Expert:  Ash replied 1 year ago.
Ok, you need to apply to the Court then for an Order that the bailiff can;t take your goods.You need to complete form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThe Court will list the matter for hearing and decide whether to make sure an order. But you will need to provide evidence in order that the Judge make the order against the bailiff firm.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
i also showed the bailiff a letter from the new ltd company stating that the new company owned the goods on the premises.the bailiff was from the couty court so i presume that it dosnt matter that the name is ***** ***** the court order
Expert:  Ash replied 1 year ago.
You need to make an application to court. The bailiff is not legally qualified.You need a decision and an order from a judge. It matters that you are not named.
Expert:  Ash replied 1 year ago.
Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hello AlexThank you for coming back to me on the last question, i have looked at the n244 form and quite honestly i am a bit cionfused to say the least, i wonderedd if you could clarify some points for me which are as follows1. Do I mention the fact of the court order not being in the name of the limited company who placed the orders with the claiment.2. Do I mention the fact that the company who the claiment has been dealing with has ceased trading.3. Do I need to enclose a copy of the invoice from nelsons pet food limited to the new company with n244 form4. When the bailiff turned up and I told them that nelsons pet food limited has ceased trading she asked to see the company liability insurance, I told them that I didnt know where it was, do you know the significance of this.
Expert:  Ash replied 1 year ago.
Yes you mention all these things. You need to enclose all evidence you want to rely on. You should have employee liability insurance as its a legal requirement so you need to send that to Court too
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
So on the n244 form do I tick the defendants box, although I am stating that the name on the court papers are wrong.
Expert:  Ash replied 1 year ago.
Yes that is correct.Alex
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Hello Alex
yes it doesmike
Expert:  Ash replied 1 year ago.
Good luck Mike.Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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