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JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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England LAW: We have received a judgment from the courts

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England LAW:We have received a judgment from the courts from a supplier. This was granted as we didn't attend court, and when we filed to set this aside, it was done incorrectly and out of time. Therefore the judgment remained.The claimant however issued the claim form and we received the judgment in the trading name of the company only. Not its limited company name.We received a letter from the claimant advising they will go to High Court for recovery and than enter the limited company name in along with the trading name. Can they do this considering it was issued in the wrong name.Letter is attached.Furthermore judgment was entered late 2019.I would like to respond to this letter, can you advise what is best to write?Thanks
Customer: replied 13 days ago.
Hi documents attached

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

What is the LTD Nama of the company?

Customer: replied 13 days ago.
the limited name of the company is advance residential management Ltd. ... our defence was that the claim was supposed to have issued to client. carer of. instead it was issued to us as agents. our defence wasn't successful due to not appearing in court and missing deadline to appeal etc

Then as the company did not, or would not attend court when directed to, and also failed to appeal in time, then the judgement to valid.

The courts are not there for defended to attend or not attend as they see fit faile to attend or appeal has consequences, in this case judgement against the company.

Customer: replied 13 days ago.
thanks but did you look at the attachments?
the judgment was entered against trading name not the limited company. can they enforce it.

Is the trading name advanced block management?

Customer: replied 13 days ago.
that is the trading name

Who are Premier roofing systems ltd.

Customer: replied 13 days ago.
they are the claimant . they are a roofing company that carried out works to our clients.
Customer: replied 13 days ago.
for our clients

The lord company and the trading as are still one of the same. The court has accepted this when dealing with the judgement.

Customer: replied 13 days ago.
can they still enforce it. ie as credit file hasn't affected the Ltd.company due to I'm.assuming still being under the trading name?can they go.to high court how the claim.currently is?
Customer: replied 13 days ago.
bit confused how it would work. as when we made a mistake and filed claim to a trading name we couldn't enforce it and had to start all over again.
Customer: replied 13 days ago.
how can they do it?

Sorry, I will need to opt out to allow another expert with more knowledge assist.

Customer: replied 13 days ago.
that's fine look forward hearing from.someone

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

No, the judgment is defective as if the contract was between the suppler and the limited company then they would need to have sued the limited company. Not the trading name as that is not a legal entity. So they would need to apply back to the court to change the name to the limited company if they hope to enforce this.
"Advance Block Management" is not a legal entity - Advance Residential Management Limited is though. Meaning their claim documents would need to state that full name of the limited company. They cannot enforce it as simply put, they have sued incorrectly - see link : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952020/n1a-eng.pdf

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

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Hi, hoping you can see the answer above?

Customer: replied 12 days ago.
hi yes I would like to wait as really do need the advice please.
Customer: replied 12 days ago.
ignore last message

Hi, I said the following though :
"No, the judgment is defective as if the contract was between the suppler and the limited company then they would need to have sued the limited company. Not the trading name as that is not a legal entity. So they would need to apply back to the court to change the name to the limited company if they hope to enforce this.
"Advance Block Management" is not a legal entity - Advance Residential Management Limited is though. Meaning their claim documents would need to state that full name of the limited company. They cannot enforce it as simply put, they have sued incorrectly - see link : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952020/n1a-eng.pdf

Customer: replied 12 days ago.
hi Jim sorry didn't see it before but seen it.now
thanks for this. just as I thought thanks. they sent the recorded letter (see attached) saying they will go through High Court. what's an.approtiate response to them. I feel something needs to be said?

You could reply to them, and point out that they have sued the incorrect party and that under the Civil Procedure Rules, they have failed to name the limited company - meaning the judgment cannot now be enforced as the proceedings are "defective"

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13921
Experience: Senior Associate Solicitor
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Customer: replied 12 days ago.
thank you so much.