Enforcement stage ltd company

[Consumersos]

Good morning,

I have recently taken a contractor to court over unpaid payments and have won an order by default as the ‘company’ haven’t contested it.

The court case ended around 4 months ago and I still haven’t received payment so I am now looking to go to the enforcement stage.

The company used to trade as XXX t/a YYY ltd but since the case they have moved business addresses and are now trading as YYY ltd only.

This may sound silly but this is the first time I have had to do anything like this but will I be able to enforce the order at the new address even though they are trading as YYY ltd only now?

From researching this seems to be the case as they are ‘one and the same’ companies and still actively trading but I just want to clarify before I waste anymore money chasing my tail.


For context the debt is over £10,000 and being a small business myself, it is important I try my hardest to recoup at least some of my losses if possible.

Thanks for reading

 

[Mark T Jones]

Your post is a little confusing - to be clear YYY is definitely a limited company - the same limited company that you took to court? ( this is a critical detail)

 

[Consumersos]

Your post is a little confusing - to be clear YYY is definitely a limited company - the same limited company that you took to court? ( this is a critical detail)

Hi mark, thank you for the reply.

Sorry for the confusion yes YYY is the limited company and the intended party.

At the time of proceedings the company traded as XXX T/A YYY ltd.

Since the court case they have now moved business addresses and are trading as YYY Ltd in name only. Still the same as the court case proceedings minus the trading name at the front.

I hope that helps clear things up a little, apologies if not.

Your post is a little confusing - to be clear YYY is definitely a limited company - the same limited company that you took to court? ( this is a critical detail)

 

[Mark T Jones]

The limited company is the legal entity, so the important part.

My suggestion would be that move to enforcement - contact @Steve Thornbury

 

[Consumersos]

The limited company is the legal entity, so the important part.

My suggestion would be that move to enforcement - contact @Steve Thornbury

I was really hoping this was the case!

Thank you mark I’ll contact them and start the ball rolling

 

[Newchodge]

What is the name of the Respondent on your court documents?

There is something very strange as a Ltd company is not a trading name - YYY Ltd trading as XXX would be more normal. Have you checked out YYY Ltd on Companies House? Did the currently existing YYY Ltd exist when you issued proceedings?

 

[Consumersos]

What is the name of the Respondent on your court documents?

There is something very strange as a Ltd company is not a trading name - YYY Ltd trading as XXX would be more normal. Have you checked out YYY Ltd on Companies House? Did the currently existing YYY Ltd exist when you issued proceedings?

Good afternoon, thanks for the reply!

XXX T/A YYY LTD is the name on the respondent as this was the name used the company on google etc. I was advised at the beginning of court proceedings to put the company name & trading as name , as it stood to ‘be on the safe side’.

XXX is actually another ltd company but was used in the format as a trading as name to this limited company.
(Same director for both)- think XXX ltd might be a parent company.

YYY LTD was formed back in 2005 & has been actively trading since.

The intended respondent company on the proceedings was YYY LTD as per invoices, but again I was advised to put the name that appeared in google search at the registered address.

 

[Newchodge]

Good luck. You may need it!

 

[Consumersos]

Good luck. You may need it!

Thank you hopefully it’s not too complicated

 

[Gyumri]

XXX T/A YYY LTD is the name on the respondent as this was the name used the company on google etc. I was advised at the beginning of court proceedings to put the company name & trading as name , as it stood to ‘be on the safe side’.

The intended respondent company on the proceedings was YYY LTD as per invoices

Then you have a judgment against the wrong defendant because XXX cannot be the same as YYY Ltd.

You should have sued YYY Ltd.

I think this same issue was covered a month ago.

YYY Ltd has probably never been served with a claim and as you don't have a judgment against it I can well see it applying for a stay of execution and any HCO ending up with at least egg on their face if nothing else.

 

[Michael Loveridge]

Could you provide the actual name and trading name so as to avoid all this confusion with XXX and YYY? The judgment is a matter of public record, so there are no issues with confidentiality. We could also then assess the chances of you actually getting paid.

I'm always concerned when a company doesn't bother defending a claim, particularly for one of that value, as it too often means the company has no assets and isn't bothered about a judgment, merely tossing it in the bin along with all the others.

 

[Consumersos]

Thank you all for your replies/advice, I am now in contact with a solicitor so thought I would update.

The process is actually really straightforward in this case.

A simple form to amend the name on the judgement to match the documents used in court which has now been submitted.

I can then use this to go through enforcement route if needed to

 

[Gyumri]

A simple form to amend the name on the judgement to match the documents used in court which has now been submitted.

That might sometimes be possible under the slip rule, but if you have not addressed and served the claim on YYY Ltd in the first place then you won't be able to simply amend the judgment to refer to that company.

 

[Consumersos]

That might sometimes be possible under the slip rule, but if you have not addressed and served the claim on YYY Ltd in the first place then you won't be able to simply amend the judgment to refer to that company.

Thank you for the advice my solicitor advised this at my initial appointment, but after seeing the paperwork thankfully we are able to do this

 

[Gyumri]

well please let us know how you get on.