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Hello my name is ***** ***** I will help you.
Has Judgment been entered please?Alex
Sadly it can only be removed from view once you rate. I can send your feedback to the development team as sadly I only see the questions when asked.
Just to be clear Judgment has been entered and you want to change the name of Judgment you already have?
Are they both a Limited co or not?
Then you can't just apply to amend the ccj and change name. You need to make a formal application to substitute the parties. It's not just a change of name, you are changing the actual party.
The cost of the application is £100 without a hearing and £255 with a hearing.
If there is no issue with the identity of the true defendant you will be ok, otherwise you may have to re issue proceedings and start again if the True party wishes to defend.
But you are making an application under CPR 19.2
Can I clarify anything for you about this today please?
I understand that. But the Limited company is a change of party, it is an entirely separate legal entity. If it was Amanda Towers t/a company 1 and then you wanted to change to Amanda Towers t/a company 2, there would not be an issue.
But a Limited company is an entirely separate company and they MAY wish to defend it.
That is why the Judge may not allow it, on the other hand a Judge may do so.
I am just telling you what could happen
Does that clarify?Alex
Let me re-cap then to show that I understand this.
You have Judgment against the Limited Company "Company"
You want to change that to the non limited company i.e. the sole trader "Trader".
You want to know if you can write to the Court and just change it.
I have understood your position. In law the Company is its own legal entity. The Trader is an individual regardless of whether they are trading. The Court will not simply change the name. The individual or Trader will have an opportunity to defend any new claim, because they are separate and NOT the Limited company.
Its not as if you just happened to get the name incorrect by mis-spelling it, you sued the WRONG legal entity. Therefore the Court will not substitute and change parties. You will have to issue against the trader who is an individual.
Does that clarify Sean? This is also in the commentary of the civil procedure rules and in particular CPR 19 which deals with change of parties/substitution etc.
I asked if you named the limited company and you said yes.
To be clear what name is ***** ***** claim form?
Thanks, ***** ***** clear you have submitted a claim as Amanda Towers and co when you should have done it as Amanda towers trading as Amanda towers and co.
You need to make a formal application using form n244 under cpr to amend the name.
You are not adding or changing a party, simply amending the name. You need to make this clear in the application.
You can't just write to the court you will have to do this on a formal application notice.
The link to that application notice is here
Can I clarify anything for you?
You should issue an application not on notice, so without a hearing.
They cant really object - its the same person.
Its not as if you are changing from sole trader to Limited company or the other way around.
Make sure you do it on the papers, then its only administrative.
They have no legal argument to object
Does that clarify? Alex
I think your chances are good. The individual and the 'trader' are one and the same. No prejudice caused.
No. Its the same person. The 'Trader' or or individual are one and the same.
Therefore you should get it.
I know that. You are suing Amanda Towers & Co but you should have issued Amanda Towers t/a Amanda Towers & Co
You are not suing the Limited company. So its a non argument, the entity is the SAME as the individual because its a NON LIMITED COMPANY. Yes I think you will win. The Judge is guided by CPR 19
Do you want to accept the phone call, I will get the price reduced. It may be easier to discuss it.
Lets just be clear -
1) You do NOT have Judgment against the Limited company
2) You HAVE Judgment against Amanda Towers & CoIs that right? Alex
To be clear you have Judgment againist Amanda Towers & Co - is that right? yes or no.
It does not say Limited - is that right? yes or no
Once you confirm this I can say whether my original advice was correct.
And you want to enforce against Amanda Towers personally, is that right?
Sure. Then my advice above remains the same. You are applying under CPR 19.But ONLY to amend / correct a name, NOT to change or add a party.
If its a Non limited company then Amanda Towers will ALWAYS be personally liable.
If it a partnership or sole trader she will be liable.
Its only where the Accountant is a Ltd company would it make any difference.
So yes, a Judge will do it because there is NO material change. Its the same person
There is no ambiguity. Its one and the same. That's it.
There is no difference between the AT & CO and AT.
She is liable. I think you are getting worried about nothing.
The Judge will be with you. AT & CO and AT are the SAME in law.
Thats it - its that simple. I think that is where we were confused between us!
Correct, thats it in short!Can I clarify anything else for you? If not could I invite you to rate my service.
Sorry it took so long, but we got there in the end.
In the MJ case that is OWNED by a Ltd company so you would need to sue that Limited company (as owner).
You couldnt sue ***** ***** if he owned the Ltd company as the Ltd co gives him protection.
This does NOT apply in your case. You sued the firm which is non limited and therefore the individual does not have this protection.
So your theoretical case does not apply to you.
Hold on - I asked you about the Limited Company.
You said you should have sued Amanda Towers t/a Amanda Towers & Co
Are you now saying you SHOULD have sued the Limited company instead?
If its a non limited company then its easy.
The individual is personally liable regardless.
Here its obvious: Amanda Towers & Co - there can be no doubt its Amanda Towers
So you are worrying for no reason.
You dont need to worry about other situations, they just done apply
Here it is. No prejudice. Does that clarify? Alex
Quite right. I hope this helps and good luck. Alex