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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14072
Experience:  I have been practising for 30 years.
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I have a court order in the name of a business which hasn’t

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I have a court order in the name of a business which hasn’t been complied with. I am told it needs to have the owners name (she wrote the statement) so i can sue for the money owed.
JA: Where are you? It matters because laws vary by location.
Customer: In HYTHE Kent
JA: What steps have you taken so far?
Customer: none as we have been advised as the company is not limited she does not have to pay up. The amount is just over £500.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is there a charge for this service?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: as its in $ are we talking British Law?

Hello

Welcome to JA please can you send a copy of the order so I can review your question properly

Customer: replied 6 days ago.
Please find attached a copy of the Court Order. Tina Mackie

Hi

Given you are the claimant on the form what is stopping you from commencing enforcement proceedings against the debtor?

Customer: replied 6 days ago.
Evidently the common mistake is for the court is to name the business not the owner of the business. As the business is just a name and not a limited company i have been advised that it has no assets in it’s own name. I believe there may be a process called ‘SWITCH’ in which the court can redirect the its findings to the name of the business owner.

Hello

Thanks for the information provided. I will review and return to you.

Thanks

Hello

Having reviewed the circumstances unfortunately I cannot assist at the moment. Therefore I will opt out and my colleagues will assist you with the matter

Good morning. I will assist witih your question - be aware this is an email not chat service therefore i maybe delayed in replying.

have you tried to commence enforcement proceedings at all?

what was the debt for please

Customer: replied 6 days ago.
No when i tried to use an enforcement agency they thought I would be unlikely to receive the money as the the court order was in the business name. The total amount is £547.98. The owner is Mrs Joanne Woodward. The business is Halcyon Days 94 High Street Hythe Kent CT21 5LE.
Customer: replied 6 days ago.
Sorry the money was for treatments cancelled by the owner without refund and court costs a total of £547.98

Thank you.

Do you know or can you get the name of the business owner?

 

Did this go to trial or did they ignore all the correspondence and do you have default judgement?

Customer: replied 6 days ago.
I think this lady has been here before because she did not turn up to defend the court order action. Nor did she send in a Witness Statement. Mrs Joanne Woodward says she is the business and owner. I never received her witness statement nor did the Court. The only document the court and I received was her response to my small claims court action. This was issued by her, not signed and in the name of Halcyon Days. The e-mail given was [email protected] and the mobile telephone number 07875305748. Thank you so much I hope this information is helpful. Tina Mackie.
Customer: replied 6 days ago.
No i don’t have a default judgement.

 

You say that you don’t have in default judgement, but you do have a judgement dated the nineteenth of September because the defendant doesn’t appear to have complied with whatever the court ordered.

Anyway, irrelevant because you have a judgement.

 

I assume that there was no payment by credit card because of their was, you could file a section 75 Consumer Credit Act claim with the Card company.

Section 75 put liability onto the card or finance company along with the merchant provided the transaction was over 100 pounds and under 30,000 pounds although even if only a deposit was paid by credit, section 75 applies to the whole claim.

 

 

It was paid by debit card you could always ask the bank to charge the card back on the basis that the service was never provided and indeed, was cancelled by the merchant but it’s not as certain as a section 75 claim because you are at the mood mercy and whim of the banks because there is no statutory provision.

 

The proceeding should have been in the name of Joanne Woodwardt t/a Halcyon Days because the latter is not an entity. It doesn’t have any assets and you need to go after the individual.

 

You need to make an application to court to change the name of the judgement although the court may decide they want you to start again from scratch.

 

You need the home address of the individual if you want to have any chance of getting your money back.

F E Smith, Advocate
Category: Law
Satisfied Customers: 14072
Experience: I have been practising for 30 years.
F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 2 days ago.
Thank you for confirming my thoughts. I have e-mailed the court asking for a switch to Joanne Louise Barnes/ Halcyon Days. I am sure you are probably right and I will have to start again. However, it is not the money it is the principle, this business owner constantly abuses her clients and relies on using her business name to get away with having to pay up any monies owed following her behaviour.
Thank you once again Tina Mackie