How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25992
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I went to MCOL to raise a claim. A judgement was made in my

Resolved Question:

I went to MCOL to raise a claim. A judgement was made in my favour. However, when the company concerned contacted me through their consultant - I was advised that the name on the judgement is a trading name - making the claim and judgement invalid. Can I change the name on the claim and judgement, or do I have to start all over again. They owe £3000 and have done since September 2016.
Submitted: 2 months ago.
Category: Law
Expert:  Joshua replied 2 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask was the judgement you obtained a default judgement because they did not reply or a judgement following trial and defence please?

Customer: replied 2 months ago.
It was by default as they did not respond to the claim, even though it was forwarded to the main company.The company that I named on the claim was EnergiGlass, and apparently they are a trading style of The Energy Saving Centre to whom the claim was forwarded to.
Expert:  Joshua replied 2 months ago.

Many thanks. As you will know it is not possible to make a claim against a party which is an unincoporated association (such as a trading name) so the claim must be amended in order to have any value. It is possible to change the defendant under part 19 of the civil procedure rules. This can be done even where you have obtained default or general judgement but requires the permission of the court.

Under part*****may order a new party to be substituted for an existing one if:

  • the existing party's interest or liability has passed to the new party; and

  • it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

On the basis you can show that the correctly named party is the correct subject of your claim the court therefore will have power to make an order that they are substituted.

In order to apply for permission to substitute you will need to use an application notice:

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

You will need to succinctly explain you are seeking an order for the correct named party to be substitute for the present claimant and then go one to provide evidence why you are justified in making the application which based on what you say will be that you incorrectly issued using a trading name but have now ascertained the correct name of the defendant and supply some evidence to support this statement - e.g. companies house print out, invoice etc to show your connection to the defendant.

There is no need to start again providing the court is satisfied as to the explanation for the mistake and your connection to the correctly named defendant.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Law Specialists are ready to help you