Change the CCJ's defendant's name

astron4

I won a case, but the name in the defendant is wrong. Instead of being XYZ Ltd it's simply XYZ, and the bailiff told me that this is not enforceable since it's not a legal entity.

I want to change this to XYZ Ltd and include the Director's name who owns be the debt.

I tried to go ahead with an N244 form as I was advised by the court administrator, but I don't have anywhere to send the fees. I don't think I should just put it in the envelope? Also, there is no address for the N244.

I tried the e-filing service but that's asking for a lot more information that I don't know of (e.g. which court I should address this to? and the court that issued the CCJ is not listed...).

fatbelly

Have you tried your local court. I'd phone them and ask if you can present the form there.

Edit: is this the court bailiff? 

The other option is to ask a HCEO what would happen if you went through them

astron4

fatbelly said:

Have you tried your local court. I'd phone them and ask if you can present the form there.

Edit: is this the court bailiff? 

The other option is to ask a HCEO what would happen if you went through them

The bailiffs I was referring to are HCEO actually. So they were the ones who said that the Writ was unenforceable.

I'm based in London so I don't know what's then "local court". Any court that I might phone up have me waiting for 1hr or so, that's why I'm asking here.

fatbelly

Try this

https://www.gov.uk/find-court-tribunal

Select 'I want to find the nearest court or tribunal by postcode'

astron4

fatbelly said:

Try this

https://www.gov.uk/find-court-tribunal

Select 'I want to find the nearest court or tribunal by postcode'

Thanks. I'll call them but I'm afraid they'll redirect me to the court that held the hearing in then end...

As a side story, I called the court today and after waiting for 50mins of waiting, at 5pm the system said "we're now closed". What. A. Joke.

pelirocco

A director  cannot be chased personally  for a Ltd company debt unless they signed a personal  guarantee 

astron4

pelirocco said:

A director  cannot be chased personally  for a Ltd company debt unless they signed a personal  guarantee 

The invoice is on the director's details and his personal bank account. Also, the invoice doesn't state XYZ Ltd, but XYZ. No companies house or VAT number either. So it's on him personally.

pelirocco

astron4 said:

pelirocco said:

A director  cannot be chased personally  for a Ltd company debt unless they signed a personal  guarantee 

The invoice is on the director's details and his personal bank account. Also, the invoice doesn't state XYZ Ltd, but XYZ. No companies house or VAT number either. So it's on him personally.

You stated you wanted  to change the claim to the ltd name ?

astron4

pelirocco said:

astron4 said:

pelirocco said:

A director  cannot be chased personally  for a Ltd company debt unless they signed a personal  guarantee 

The invoice is on the director's details and his personal bank account. Also, the invoice doesn't state XYZ Ltd, but XYZ. No companies house or VAT number either. So it's on him personally.

You stated you wanted  to change the claim to the ltd name ?

Yes, I did that, and also to add the director's name as it appears that he's personally liable.