Ask a Law Question, Get an Answer ASAP!
Hi Alex, I claimed £620 + £60 for court judgement + £100 for warrant, so £780 without todays or further expenses.
The shop in Fleet has been operating for over a year, I am not sure if they had this company before trying to remove the other company, I phoned companies house and they have asked to be removed, I managed to get the removal suspended till 29th August 2014.
OK - so you have suspended strike off.
So the new company name, that is separate from the OLD company?
I am still waiting for your answer, do I change the warrant to the owner of the company or the name of the new shop.
But are they two separate Limited Companies?
That's as maybe, so do I change the warrant to the owner to reclaim my losses, as I have explained it is the same person and all the details have been the same since I started doing business with them, it is just that they have changed their name, you have not provided me with any advice.
Sadly you can't just change the name on the warrant/
You would have to issue a brand new claim against the new company
But sadly the new company is likely to defend it on the basis you have no contract, or cause of action against them
A Limited Company is considered an individual entity so you can't sue A to get to B
But you would need to issue proceedings against the new company
You can't use the OLD judgment
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
I do not find this very helpful, I can amend the warrant, I need to know if I sue the new company or the person. I know the company has been trading in a shopping centre for over a year and I have been phoning and talking to people there regarding the problem with my purchase, it is still under warranty, I think they might have been trading with both names at the same time.
Your question was: "I am not sure if I should change it to the name of the shop or the owner, it looks complicated."
You can NOT sue the new company - you have no contract or cause of action against them
You can NOT sue the owner - you have no contract or cause of action against them.
I asked if you had a CCJ against the Limited Company - you said yes
This company is an entity capable of being sued in the eyes of the law.
You can not sue the Director personally unless you have a personal guarantee and I assume you do not
You can NOT sue the new company because they are a new entity and you have no cause against them.
Only if the new company is the SAME as the old company (same company reg number) can you amend the warrant
You can't amend on the basis that they are owned by the same person.
Does that clarify the position?
So basically I have spent all this money out, the product is still under warranty, (till September 2014) the new company is not registered, so I don't stand a chance getting the product repaired or recovering my costs.
Sadly yes - because your contract is with the old company not the new one.
I am sorry but I have to be truthful with you.
Even though its not what you want to hear.