Company ccj

[Supermumma]

Good afternoon,

I have recently taking a company to court and won a judgement. The company is a ltd company but trades as another.

Basically the company is ABC ltd but trades as XYZ T/A ABC ltd

XYZ being the parent company.

My wrote is based on the google address of XYZ T/A ABC ltd.

XYZ has now closed down
ABC LTD is still actively trading.

Can i recover monies from ABC LTD even through the writ says XYZ trading as ABC LTD.

Or would I need to take this back for a variation on the judgement?

Thanks

 

[NewKidinTown]

Good afternoon,

I have recently taking a company to court and won a judgement. The company is a ltd company but trades as another.

Basically the company is ABC ltd but trades as XYZ T/A ABC ltd

XYZ being the parent company.

My wrote is based on the google address of XYZ T/A ABC ltd.

XYZ has now closed down
ABC LTD is still actively trading.

Can i recover monies from ABC LTD even through the writ says XYZ trading as ABC LTD.

Or would I need to take this back for a variation on the judgement?

Thanks

this doesn't quite make sense. Did you mean "ABC ltd trading as XYZ"? I would have thought you could only get judgement against a legal "person" i.e. an individual or a corporate, in this case, ABC ltd. You also say that XYZ has closed down - is XYZ another company or merely a trading name?

 

[Supermumma]

this doesn't quite make sense. Did you mean "ABC ltd trading as XYZ"? I would have thought you could only get judgement against a legal "person" i.e. an individual or a corporate, in this case, ABC ltd. You also say that XYZ has closed down - is XYZ another company or merely a trading name?

Sorry for the confusion the name has confused me too hence the post.

The judgement states XYZ ta ABC ltd.

XYZ is a ltd company and parent company of ABC LTD.

XYZ processed payslips but uniform and contract was with ABC LTD. (The same director for both companies at the same address)

I was LIP during court case and I’m not sure if I have done it wrong.

I have a judgement against XYZ ta ABC LTD.

I don’t wasn’t to waste time or money chasing ABC LTD if the name on the judgement will throw it out of that makes sense?

Sorry for the long post it’s been a long 24 months of fighting and I feel I failed at the last hurdle

 

[NewKidinTown]

well done for getting so far. I assume that your "beef" was with ABC ltd, and my guess would be that you may well have issues enforcing a judgement against them per se. I'm actually amazed at the name on the judgement.

My best advice would to see if you could avail yourself of 30 minutes free time from your local high street solicitor (many will do) to get proper legal clarification - good luck

 

[pentel]

PM sent

 

[Mark T Jones]

A limited company can't trade as another limited company

From my reading, you have judgement in ghe name of ABC Ltd - which is still trading?

It looks to me like XYZ Ltd is a red herring. Pursue ABC.

 

[Supermumma]

Thank you all for you replies and sorry if it’s confusing, I am just as confused with it all

So basically I worked for ABC LTD and payroll was through XYZ LTD.

First application was rejected for both company names separately and I was advised to put the name as appears on google when searched- XYZ T/A ABC ltd.

A ‘normal’ judgement from what I have read would state ABC LTD T/A XYZ and I would be able to pursue ABC LTD for the judgement.

My judgment states XYZ T/A ABC LTD the company being on the end of it.

What I am trying to find out is, can I legally purse ABC LTD for monies owed now with them still named on the writ but as the trading as company as it is the ltd company of the two?

It is ABC LTD I want to purse not XYZ LTD.

Again sorry if it all confusing any and all help is very appreciated.

 

[Gyumri]

Basically the company is ABC ltd but trades as XYZ T/A ABC ltd

XYZ being the parent company.

Can i recover monies from ABC LTD even through the writ says XYZ trading as ABC LTD.

My judgment states XYZ T/A ABC LTD the company being on the end of it.

Who prepared and filed your claim form?

If your claim was meant to be against ABC Ltd then they should have been the named Defendant.

So basically I worked for ABC LTD and payroll was through XYZ LTD.

If the parent company XYZ Ltd was processing the payroll for its subsidiary ABC Ltd then that seems an odd arrangement.

However If your contract of employment was with ABC Ltd then that was the company that should've been sued.

Your claim seems to have been aimed at XYZ Ltd (the last part trading as ABC Ltd makes no sense) but if your claim was against XYZ Ltd, then it would be the wrong defendant.

So you should sue ABC Ltd and make sure that you get the claim right next time.

 

[Mark T Jones]

Somebody is over-complicating things here.

Keep it simple.

Your judgement states ABC Ltd, which is a legal entity, so pursue them.

 

[IanSuth]

If the parent company XYZ Ltd was processing the payroll for its subsidiary ABC Ltd then that seems an odd arrangement.

However If your contract of employment was with ABC Ltd then that was the company that should've been sued.

often have a group head ltd co that does all the admin/payroll etc for a group of companies - the company my wife works for is the same, her payroll is dealt with by xyz holdings ltd but she is employed by abc distribution ltd which is one of about 15 companies working in allied fields all owned by same holding co. 1 central HR, payroll & accounts plus board.

 

[NewKidinTown]

"Your judgement states ABC Ltd, which is a legal entity, so pursue them." Sorry Mark, it doesn't. The OP has apparently spent 2 years getting to this point. Seems Gyumri shares my concern over the ambiguity of the wording. At this point the OP would be best served by taking some simple legal advice (and probably free) rather than rely on comments from unqualified (but no doubt well-meaning) individuals on an internet forum

 

[Newchodge]

Good afternoon,

I have recently taking a company to court and won a judgement. The company is a ltd company but trades as another.

Basically the company is ABC ltd but trades as XYZ T/A ABC ltd

XYZ being the parent company.

My wrote is based on the google address of XYZ T/A ABC ltd.

XYZ has now closed down
ABC LTD is still actively trading.

Can i recover monies from ABC LTD even through the writ says XYZ trading as ABC LTD.

Or would I need to take this back for a variation on the judgement?

Thanks

Look at the title page of the judgment. What is the name of the respondent?

EDIT: Sorry just re-read the thread. I would try to enforce against ABC, but don't hold your breath.

I suggest you pay for legal advice. You may be able to get the judgment varied.

 

[Gyumri]

My judgment states XYZ T/A ABC LTD the company being on the end of it.

First application was rejected for both company names separately and I was advised to put the name as appears on google when searched- XYZ T/A ABC ltd.

Let's be clear: If your claim was against XYZ Ltd then whatever it was trading as would be irrelevant, as your claim was against the incorporated entity XYZ Ltd which was not the correct defendant.

So you would need to sue ABC Ltd and if it an employment related claim then that would be made to an Employment Tribunal and not to a civil court.

 

[Supermumma]

Thank you for all of your advice.

I will seek legal advice as I’m aware due to making this thread, it’s complicated and from the very helpful comments from ‘unqualified individuals on this internet forum’ it’s is obviously my best course of action

Thank you all again for your help!!