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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3774
Experience:  Two years conveyancing experience.
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We have a CCJ against a limited company. The papers and

Resolved Question:

We have a CCJ against a limited company. The papers and judgment refer to the company's trading name. The company are now saying it does not have to pay because it is not against the limited company name. Any advice?
Submitted: 29 days ago.
Category: Property Law
Expert:  Alex J. replied 29 days ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Does the CCJ contain the company number and registered office?

Customer: replied 29 days ago.
No it doesn't
Expert:  Alex J. replied 29 days ago.

Thank you. Unfortunately this is probably correct, but even if you had put the full company name in it is unlikely to affect the outcome of the claim. Your best course of action is apply to court to have the claim form and Judgment amended. Was this in the Small claims court?

Customer: replied 29 days ago.
it was in the small claims court
Expert:  Alex J. replied 29 days ago.

Thank you. You would need to adjust the original claim for to alter the defendants name - this can be done using an application notice N244. Reissuing the proceedings may be considered an abuse of the process - I would write to the court first and check whether they will accept the application notice to change the defendants name. Explain that the defendant has not change and is the same defendant as identified in the evidence you provided. Did you give the court a copy of your contract with the defendant?

Customer: replied 29 days ago.
they were supplied with a copy of the contract
Expert:  Alex J. replied 29 days ago.

Thank you - does the contract have their full company name?

Customer: replied 29 days ago.
Not the registered company name only the trading name
Expert:  Alex J. replied 29 days ago.

Thank you. Do you have anything from them acknowledging or accepting the goods or services you provided? From a company email address or director?

Customer: replied 29 days ago.
their email footer refers to their trading name and registered company name
Expert:  Alex J. replied 28 days ago.

Thank you. That should be sufficient evidence to show who you made a contract with. The next step is to contact the court and ask if they will allow you to submit an application to amend the claim. Kind regards AJ

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