Amending CCJ

Weld

Hi, i went through the claims process online and ended up with a CCJ against the debtor. he has ignored it so I am trying to escalate it to get the bailiffs to attend. Unfortunately I have been informed that the name on the judgement is incorrect and they won't proceed until it has been amended. The problem I have is having been told it's possible to do I can find no information on how to go about it, what forms or procedures are required. Can someone please help before he removes all his assets! Thanks.

born_again

Wont this mean starting the whole process over again, as you have sued the wrong person?

Okell

If you've started off by suing the wrong person or entity, it can become a real mess.

Personally I'd suggest you post on Legal Beagles on either the courts claims and issues board or general legal issues board, Forum - LegalBeagles Forum.

You could also try Consumer Action Group  General Legal Issues - Consumer Action Group

pinkshoes

Weld said:

Hi, i went through the claims process online and ended up with a CCJ against the debtor. he has ignored it so I am trying to escalate it to get the bailiffs to attend. Unfortunately I have been informed that the name on the judgement is incorrect and they won't proceed until it has been amended. The problem I have is having been told it's possible to do I can find no information on how to go about it, what forms or procedures are required. Can someone please help before he removes all his assets! Thanks.

Why is the name wrong on the judgement?

Is it a mistake made by the judge, or have you sued the wrong entity? What name is given on the paperwork you have when you originally had some sort of contract/agreement with this person? Is it an individual or a company?

Weld

It’s my fault I put the name he trades under not the name on companies house. 

Hoenir

Weld said:

It’s my fault I put the name he trades under not the name on companies house. 

Was the claim disputed/contested if not probably explains why. 

macman

If you contract was with his company then you must sue the company, not the individual. You have no claim against the latter, or on his assets.
A sole trader and a limited company are separate legal entities.
So, if your contract is with Joe Bloggs Ltd. t/a John Doe, you must sue the former.

BoGoF

If it's a Ltd company I would say you are throwing good money after bad pursuing this.

RefluentBeans

Hi OP. Did the defendant respond during the process? Or was this issued based on them not responding?

Ideally, they should have responded saying that you’re going after the wrong person and that they have never signed any contract with you; but if they don’t respond I can see why the court may have just issued a judgement without checking the contract parties. 

Unfortunately, I don’t think the CCJ can be edited in an easy manner (as this is normally reserved to chase people who are deceptively trying to avoid the judgement; not someone who has been named incorrectly). I think this would require a new process to be began, but I appreciate I am not a lawyer and haven’t seen this situation happen before (I assumed that the court would still catch the name mismatch before issuing the judgement). I would contact the court and ask. 

If a whole new process needs to begin; you may want to think realistically about whether the company has the assets to pay. This is different from the person who owns the company. Given this person hasn’t responded, they either have no legal representation or bad legal representation. Almost any lawyer would rather defend their clients than let the court waste its time. If the company has few assets, it’s not uncommon for them to wind down and spin back up under a similar name but not the same legal entity. Or even if you do get a judgement against them, if the company hasn’t got the money you may be spending money on a process that won’t yield you any returns other than a few pennies on the pound you are owed.

Of course, if you know for sure the company has assets that can be taken then you should go ahead. But there’s a difference between someone owning a house and a business, and the business owning the house. 

I hope that makes sense, and puts other comments into context (as I appreciate people haven’t really expanded on their answers). Before giving up hope, I would definitely contact the court and and ask if it can be changed/how much it would cost. And then if you need to start a whole process again, do a search on Companies House - see how long the companies been trading for and how many other companies the owner has had. If the company is established for 5 or so years with good filing history, then I’d say it’s a legit business who failed to respond. If it’s a business with less than 2 years in the books, and the owner has other dissolved businesses, then this suggests it’s not their first rodeo. 

Weld

He responded to my letter of intent with a ridiculous online solicitor’s email but he failed to respond further. 

He has been trading for some years and already has a ccj from last year. He is also paying two other people he owes, via monthly payments. He has recently advertised £20000 or more worth of goods for sale online. He currently has goods of mine that I paid £8640. 

for. They weren’t fit for purpose which is why I wanted a refund. He is a seriously bad businessman but I do believe he has the assets. 

Weld

I have tried to contact the court for advice but no reply has come.