CCJ

[Ali123]

Hi all,

Bit in a dilemma here.

We had a client that was not paying a substantial amount on the invoice.

We received the judgment in our favour in court ordering the company to pay.

However we have now received a letter from them to say that the CCj is against their trading name and not their limited company name . The name is slightly different and they will not pay until they do another claim in the correct limited name.

This was dealt with by our solicitors so I am annoyed they have missed this out.

What is our likelihood to recover the funds if going through enforcement?

Do we have to start claim again?

They argue if its done in correct name, they will prove they don't have to pay the invoice. What ever that means?

Any advice?

 

[Ian J]

However we have now received a letter from them to say that the CCj is against their trading name and not their limited company name . The name is slightly different and they will not pay until they do another claim in the correct limited name.

What a stupid response. If they pay the debt within 14 days the judgement isn't recorded so it doesn't matter whose name was on the Summons.

Sounds to me like a delaying tactic for whatever nefarious activities are going on there

 

[Ali123]

I agree. but what can I do. They wont pay as it appears it wont affect their limited company, as the judgment is against trading name.

 

[Newchodge]

Who was the contract with? What name did they give you on their documentation? What name was on the invoice? Who paid part of the invoice?

 

[Ali123]

The limited name is on the invoice we sent. The contract is between us and the limited company and their trading name is on their too... However our solicitors used their trading name on the claim forms and on all correspondence to the court.

What can we do, if they don't pay?

 

[Newchodge]

The limited name is on the invoice we sent. The contract is between us and the limited company and their trading name is on their too... However our solicitors used their trading name on the claim forms and on all correspondence to the court.

What can we do, if they don't pay?

Immediately ask your solicitor to correct their error at no cost to you.

 

[Ali123]

Thanks, I kind of lost faith in them. They advised that regrettably we need to do another claims form. Start from the beginning against the LTD company. Does this sound right.

Do I need to cut losses short and just go with another solicitor firm instead?

 

[Mr D]

Thanks, I kind of lost faith in them. They advised that regrettably we need to do another claims form. Start from the beginning against the LTD company. Does this sound right.

Do I need to cut losses short and just go with another solicitor firm instead?

Or you could decide to not use a solicitors.

 

[Newchodge]

Thanks, I kind of lost faith in them. They advised that regrettably we need to do another claims form. Start from the beginning against the LTD company. Does this sound right.

Do I need to cut losses short and just go with another solicitor firm instead?

Just ask them (in writing) to confirm that this is at their cost as it is their fault. Stick with them. Whether you get the money from the client or from the solicitor is academic.

 

[MBE2017]

I would ask the solicitors as suggested issue the new claim at their cost, if unsure they should have checked with you.

 

[smallclaimsassistance]

They advised that regrettably we need to do another claims form

You don’t. THEY do. This is a potential minefield for non lawyers, but for trained litigators it is basic and should never have happened. Unfortunately with today’s “factory” approach to law, it does happen. Stay firm on this. As stated above, your previous solicitors should correct this at no cost to you.

Dean

 

[Bob Morgan]

You don’t. THEY do. This is a potential minefield for non lawyers, but for trained litigators it is basic and should never have happened. Unfortunately with today’s “factory” approach to law, it does happen. Stay firm on this. As stated above, your previous solicitors should correct this at no cost to you.

Dean

And if they do not accept your argument, just discretely mention 'The Law Society!' - They will NOT want to got there!

 

[JEREMY HAWKE]

Did the solicitor actually do a company search before filing the claim
@Mr D It's a big enough F up as it is without the Op doing a DIY legal job

 

[Big G]

Solicitors act upon instructions and will no doubt try to claim that the error is a result of the instructions provided. However, they should know that a judgment against a trading name is just a piece of paper and not enforceable. You can only have an enforceable Judgment against a limited company or an individual. They should have known this however, I have seen lots of Solicitors take on this sort of work thinking it is straightforward when actually, they are not litigation lawyers and have not got the faintest idea of what they are doing or what is required.

Have they suggested making an application to amend the name of the Defendant? As you have a response from them and I assume all documents were served on the registered office address (I hope) then it is likely that an application for this will succeed.

As a lot have said above, it sounds like your Solicitors have made a mistake on this matter but this cannot be confirmed until we see all of the instructions and correspondence between yourselves and your Solicitor. It does sound like negligence on their part though as they should be advising you on who to issue legal proceedings against. For example, if you were to tell me to issue legal proceedings against ABC Plant Hire, I would tell you that I could not do this as it needs to be either ABC Plant Hire Ltd or Mr ABC trading as ABC Plant Hire Ltd.

Enforcement against the trading name will very likely not be successful as the judgment debtor has already told you this and must therefore be aware that they can prove that the limited company owns all of the assets, bank accounts, etc.

There are a few options for you as follows:

1. Apply to the Court to amend the name of the Defendant.
2. Issue a new claim.
3. Raise a negligence claim against your Solicitors.

Difficult to advise what the best and most cost effective option is without seeing all of the documentation.

 

[Lisa Thomas]

If it was the Solicitors error then they need to rectify it.