Name slightly wrong on Money Claim Online claim form

markimark1984

Hi all,

First of all thank you for taking the time to read this post and any help/advice you provide. I know this is my first post here, but I'd really appreciate your help on my problem

Basically a customer of mine has not paid for some goods I provided a while ago. I have got tired of giving them second chances and decided to claim the money back through MCOL.

I have got to the point where a judgement has been issued and they have ignored everything so far.

I am now considering issuing a warrant of execution on them but I have noticed a problem with my claim, and this is where any advice would be greatly appreciated.

The defendant's company name I have listed on the claim form happens to be his trading name not his Limited company name, as I found out this weekend when looking on companies house. I will refer to his trading name as "ABC" and his company name as "XYZ Ltd" as I don't think it would be appropriate to disclose the details.

I have listed the trading name "ABC" on the claim form and put "Ltd" after it (so "ABC Ltd") as I thought this was his company's name. I have called MCOL and they have said I can fill out a form and pay £45.00 to have the details changed and start a fresh claim with the correct details.

In your experience would this claim go through to allow bailiffs to retrieve the money, or should I apply to have the details changed to "XYZ Ltd" or "XYZ Ltd T/A ABC" and start fresh? IF I don't change it could it be thrown out on technicalities?

I suppose my main mistake was putting the "Ltd" on the end of their trading name. Everything else is correct on the form.

Once again, any advice is greatly received.

Mark

InsideInsurance

The problem is that action must be made against a legal entity, ABC nor ABC Ltd exist as a legal entity and so action cannot be enforced against them.

markimark1984

InsideInsurance wrote: »

The problem is that action must be made against a legal entity, ABC nor ABC Ltd exist as a legal entity and so action cannot be enforced against them.

Thanks very much for your feedback. I will apply to have the name on the claim form changed right away.

Should I change it to "XZY Ltd" or "XYZ Ltd T/A ABC"?

Mark

hallowitch

if the debts over £600 you might be better using HCEO i think it cost £60/100 for the writ of fifa however if they fail to collect the debt some charge a fee so check them out before you agree to anything and get it in writing

markimark1984

Thanks, I'll check them out.

For using their company name on any forms should I use "XZY Ltd" or "XYZ Ltd T/A ABC"?

M

spacey2012

The defendant can file for a full strike out claiming the first papers were not correctly served as you sued the wrong defendant.
So changing the name may not be the best option.

InsideInsurance

The legal entity is simply the name of the Ltd, any trading styles/names are unnecessary to be included

markimark1984

Thank you all for help on this problem.

I have a better idea of how to move forward now.

Ds1210

I have a similar problem:

I have written the name wrong on the form online:

Instead of Mathew and i have written Matthew

I have only submitted yesterday online and and show
claim status: requested

How do i do this? Not ver clear on website.

Also can i re-submit a new claim and cancel this one? Or i then cancel the claim all together?

Any help would really be appreciated.

Pagett

Ds1210 wrote: »

I have a similar problem:

I have written the name wrong on the form online:

Instead of Mathew and i have written Matthew

I have only submitted yesterday online and and show
claim status: requested

How do i do this? Not ver clear on website.

Also can i re-submit a new claim and cancel this one? Or i then cancel the claim all together?

Any help would really be appreciated.

http://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx