ccj issued wanting quick advice

[paul.jones1974]

hi, our ltd company has had a ccj issued .. we have a communal entrance and werent aware as dont always get post.
we would have represented it, as we simply dont owe the money anyway.
The problem I have is the CCJ was issued with the wording " My name T/A company name "
The creditor then had a high court writ issued apparently and im trying to establish it -
a) am i personally responsible for this debt
b) how can i get this re heard in court
c) stop the aggresive high court enforcer coming in between
d) the ccj and high court write were issued in northampton county and district court - can i get this re heard at my local court ?

Many thanks,

 

[Newchodge]

You need to apply for the judgment to be set aside. You will need a good reason why you did not defend in the first place and an arguable case that you could win. You need to argue that the wrong defendant has been named as part of that application.

Northampton is the court used for claims started by Money Claim Online, which don't result in a contested hearing. The claim is usually heard at the defendant's local court.

 

[paul.jones1974]

Thankyou Cyndy

 

[thelegalstop]

I would agree with Cyndy's opinion. Let us know if you need any help with drafting the letters and please share the outcome! Best of luck!

 

[Awinner2]

Can a ltd company have a CCJ issued in the name of an individual t/a company?

 

[Newchodge]

Can a ltd company have a CCJ issued in the name of an individual t/a company?

Your question doesn't make sense. A limited comapny cannot have a CCJ issued (against it) if it is issued in the name of an individual.

 

[JEREMY HAWKE]

Can a ltd company have a CCJ issued in the name of an individual t/a company?

I think this is the problem with DIY legal experts He wont get this judgment against the OP if they apply to get it set aside

@Newchodge The op has a good reason to defend it, it was against the company and not him .
If he has to defend or counterclaim and has a reason that is for his company and not him as a person

Quite frankly if people cant afford legal experts then they could come on here and ask "everybody" . "Everybody" will tell you what is best

"Everybody " will help but will take no responsibility should it all go wrong but it is a lot better than just assuming things like the people that issued this judgment against the op

 

[Awinner2]

Your question doesn't make sense. A limited comapny cannot have a CCJ issued (against it) if it is issued in the name of an individual.

That's my question. I should have added "issued against it" in my original post! Which I believe was shown on the first post?

 

[smallclaimsassistance]

That's my question. I should have added "issued against it" in my original post! Which I believe was shown on the first post?

Yes, but only if they trade as xxxx t/a company name. If their trading name is simply the company name, which appears to be the case here, then issuing proceedings against xxxx t/a company name is a very good reason to get the judgement set aside.

Dean