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Company said it was ltd in court but not listed on companies house?

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Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You should have asked the judge to order them to submit a signed affidavit stating the companies true trading identity.
    This could have been done in a recess in front of another judge or duty solicitor.
    Then the case could have resumed.
    Be happy...;)
  • Loss of earnings would take it over the limit of small claims, so I wouldn't get it all anyway, but would make up 2/3rds of the full claim plus costs etc so definelty in their interests to settle now as very easy to prove and have full backing from my work about this and judge advised to get this in (was very leaning in my favour).
    Off to do a quick search then!!
  • I wasn't aware of that i have some knowledge of the legal system but not in this area. So take the money and run then ? I don't want to be labelled unreasonable for going after more, I am out of my comfort zone on whether to pursue further.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Use these for searching for CCJs against the individual

    http://www.trustonline.org.uk/

    You do have a greater chance of recovering the money from an individual. You can chase for it to be satisfied for 6 years so you could even obtain the judgement and hope his wealth blossoms some in the near future.
    Although if he has unsatisfied judgements you could well be just another in a long line of people - so could be easier just to take what you can get and avoid the hassle of trying to enforce a judgement..... only you will know whats best though once you've done a search.

    If he does manage to somehow have this assigned to a Ltd company then it's highly likely to eventually disappear unsatisfied with the company - with no consequence to the director.
  • visidigi wrote: »
    Im not so sure I would now its proven they've lied to a judge!

    Maybe - but going for revenge is a dangerous game. Lying to the judge about the status of the company is naughty (they will claim it was just a mistake) but it won't help the Op prove that her loss of earnings are legally recoverable.

    If loss of earnings are 2/3 the value of the claim, the Op is claiming twice as much for loss of earnings as she is for the value of the car. I don't know the full details but my instinct is that the Op's full loss of earnings will be "too remote" to recover .... see http://www.lawteacher.net/contract-law/lecture-notes/remedies-lecture-1.php.
  • Hi having a car is an essential part of my job, my work have today sent me a very detailed statement explaining this and that I'm lucky to still have my job on reduced hours to do the parts that don't require private transport.
    However i agree revenge is dangerous and have not yet accepted or rejected.
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