CCJ to correspondence address?

[VSM81]

Hi, I'm wondering if someone is able to assist? I'm a sole trader and I've recently dealt with a limited company whose registered address is at their accountants and whose correspondence address is their private family home.

I'm in the early stages of chasing up an invoice that is overdue for payment but aside from adding on a late penalty payment and interest, if I escalated it to the CCJ stage would I be able to serve this at their correspondence address (or does it have to be at their registered company address?)

 

[JEREMY HAWKE]

They may dispute the claim if the incorrect address is on the court claim form
They could rightfully say they never received your invoice and corresondance and the fact you are using the wrong address would back up their claim

 

[VSM81]

So just to clarify you're not able to serve a CCJ to a correspondence address, it would have to be to the registered office address (though you could let them know it's been sent?)

 

[JEREMY HAWKE]

yes but is letting them know relevant You can only take the LTD company to court !
Lets go back to the beginning You offered the LTD company credit at the point of order

 

[VSM81]

The credit period was 30 days. If the limited company's registered address is based at their accountants I presume that if and when it comes to court action there wouldn't be anything to claim, so to speak, at the accountant's address.

 

[Big G]

The safest option is to serve the documents at the registered office as they cannot argue service of the documents.

However, if they have not actually given you a specific address for service of documents then CPR 6.9(6) regarding service of claims states that :

6. Company registered in England and Wales
Principal office of the company; or
any place of business of the company within the jurisdiction which has a real connection with the claim.

So, you are able to serve at the trading address if you believe that it will come to their attention but, as I said above, the safest option is to serve on the registered office address in my opinion.

 

[Newchodge]

Is there any (legal) reason why you cnanot use both addresses? XYZ at (registered address) and at (trading address)

 

[Big G]

As far as I am aware you can only put one service address for the Defendant using Money Claim Online. Unless you were to put them as a second Defendant at the alternative but this would not be correct as it is the same company.

 

[VSM81]

Many thanks for the reply. Just to clarify. The correspondence address is a private residence and not a trading address. My thoughts were that if the accountant's address is given that if and when it came to enforcement from a bailiff, let's say, there wouldn't be anything at the accountant's address of value in the name of the limited company. I think basically the worst that would happen is that the limited company would have a CCJ against its name and that's about the size of it if I'm correct?

 

[Mr D]

Many thanks for the reply. Just to clarify. The correspondence address is a private residence and not a trading address. My thoughts were that if the accountant's address is given that if and when it came to enforcement from a bailiff, let's say, there wouldn't be anything at the accountant's address of value in the name of the limited company. I think basically the worst that would happen is that the limited company would have a CCJ against its name and that's about the size of it if I'm correct?

The private residence will likely also have nothing belonging to the limited company too.
If they are smart.

 

[VSM81]

I agree. I've seen plenty of "Can't Pay We'll Take It Away" and "The Sheriffs are Coming" to guess what might happen. Nothing of value/worth in that limited company name on the premises.

Hopefully it won't get to that stage but I think the worst I can do is give the limited company a CCJ in which case they could just dissolve the company and start afresh?

 

[Mr D]

I agree. I've seen plenty of "Can't Pay We'll Take It Away" and "The Sheriffs are Coming" to guess what might happen. Nothing of value/worth in that limited company name on the premises.

Hopefully it won't get to that stage but I think the worst I can do is give the limited company a CCJ in which case they could just dissolve the company and start afresh?

Yes they could indeed.
With the new company buying assets from old company. Leaving old company with money.

 

[Minuteman Press]

Registered address.