Wrong name on claim form

[PierreDe]

Hi there, I instigated a claim on a company, but after judgment was granted to me, I was pointed by the defendant to the claim form, particulars and the judgment was in the ‘trade name’ of their company (without Ltd).

It has been 5 years, 11 months since I issued the claim, and 4 years since the judgment. Should I apply to amend the claim form and judgment, or just the judgment? Is there a limitation period on anything?

Thanks
Pierre

 

[Newchodge]

Hi there, I instigated a claim on a company, but after judgment was granted to me, I was pointed by the defendant to the claim form, particulars and the judgment was in the ‘trade name’ of their company (without Ltd).

It has been 5 years, 11 months since I issued the claim, and 4 years since the judgment. Should I apply to amend the claim form and judgment, or just the judgment? Is there a limitation period on anything?

Thanks
Pierre

Did they defend the claim? Why have you waited so long, ehat have you done in the last 4 years?

 

[Gyumri]

Should I apply to amend the claim form and judgment, or just the judgment? Is there a limitation period on anything?

The proceedings are over and you have a judgment against an entity which is not recognised in law. The limitation period may have expired depending on the nature of the claim.

If it's a claim for money then you had 6 years to bring a claim against the Ltd.

I am surprised the judge didn't pick up the problem at the time but it may be that the defendant didn't bother to defend the claim when it realised that you hadn't sued them and you then obtained a default judgment.

I think you need to accept that what falls from the wagon is now lost.

 

[PierreDe]

The proceedings are over and you have a judgment against an entity which is not recognised in law. The limitation period may have expired depending on the nature of the claim.

If it's a claim for money then you had 6 years to bring a claim against the Ltd.

I am surprised the judge didn't pick up the problem at the time but it may be that the defendant didn't bother to defend the claim when it realised that you hadn't sued them and you then obtained a default judgment.

I think you need to accept that what falls from the wagon is now lost.

No, the claim was defended by them at the time, but I won the judgment. It was a claim for money. Technically, can I not amend the claim form, or could I just bypass amending the claim form, and amend the judgment instead? I’m sure the courts can grant that the judgment can be amended, surely? Isn’t there like cpr 3 or something that it can be amended on its own volition, or do I need cpr 19 or 17 to amend the claim form only? I’m in the limitation period?

 

[Newchodge]

No, the claim was defended by them at the time, but I won the judgment. It was a claim for money. Technically, can I not amend the claim form, or could I just bypass amending the claim form, and amend the judgment instead? I’m sure the courts can grant that the judgment can be amended, surely? Isn’t there like cpr 3 or something that it can be amended on its own volition, or do I need cpr 19 or 17 to amend the claim form only? I’m in the limitation period?

I think you need to pay a lawyer.

 

[PierreDe]

Did they defend the claim? Why have you waited so long, ehat have you done in the last 4 years?

Did they defend the claim? Why have you waited so long, ehat have you done in the last 4 years?

Yes, they defended the claim. Should I use cpr 17 or 19 to amend the claim form. Or can the court just amend the judgment on cpr part 3? I’ve been I’ll for quite sometime

 

[PierreDe]

I think you need to pay a lawyer.

I can’t afford a lawyer. Any advice on the correct procedure cpr rule?

 

[Gyumri]

You could make an application based on cpr 40.12 and see what happens.

However, I think you'll have an uphill struggle to try and obtain a correction to the judgment on the basis you are seeking.

 

[PierreDe]

You could make an application based on cpr 40.12 and see what happens.

However, I think you'll have an uphill struggle to try and obtain a correction to the judgment on the basis you are seeking.

You could make an application based on cpr 40.12 and see what happens.

However, I think you'll have an uphill struggle to try and obtain a correction to the judgment on the basis you are seeking.

Thanks for letting me know. I think if I get a judge “on my side” may be they’ll do it for me. But I thought 40.12 was only for the ‘courts’ mistake? Would the court really do that? This is not a court mistake, do you think the defendant may try and fight against it, saying that I should have applied for the claim form to be amended first? I want to use the correct procedure, so that the defendant can’t fight against it.

 

[Paul Kelly ICHYB]

. I think if I get a judge “on my side”

You will not.

They will (should be) neutral.

If anything, they might be annoyed you got it wrong and are wasting the courts time!

Have you spoken to bailiffs to see if they can enforce based on a trading name?

 

[ChrisCallaghan]

Hi all,

Sorry I'm a bit late to this one.

I think getting the judgement 'changed' is problematic at best, and as others have pointed out, a solicitor is likely required to ensure this is done correctly. My instinct is that the previous judgement would need to be set aside on the basis that it has been awarded against the wrong legal entity, and a new judgement sought - but then you are possibly facing statute barred issues seeing as the original claim was nearly 6 years ago.

Have you spoken to bailiffs to see if they can enforce based on a trading name?

This is worth exploring in my opinion. If the judgment is against "Mr A Example t/a ABC Business", and the defendant has not challenged this, then potentially it is enforceable against them personally, and their personal assets.

Why have you waited so long, ehat have you done in the last 4 years?

Out of curiosity, I'd ask the same as @Newchodge - why is this only now being picked up 4 years after you have won the judgement? What collection activities have you undertaken since winning the judgement?

 

[PierreDe]

Hi all,

Sorry I'm a bit late to this one.

I think getting the judgement 'changed' is problematic at best, and as others have pointed out, a solicitor is likely required to ensure this is done correctly. My instinct is that the previous judgement would need to be set aside on the basis that it has been awarded against the wrong legal entity, and a new judgement sought - but then you are possibly facing statute barred issues seeing as the original claim was nearly 6 years ago.



This is worth exploring in my opinion. If the judgment is against "Mr A Example t/a ABC Business", and the defendant has not challenged this, then potentially it is enforceable against them personally, and their personal assets.



Out of curiosity, I'd ask the same as @Newchodge - why is this only now being picked up 4 years after you have won the judgement? What collection activities have you undertaken since winning the judgement?

The defendant picked it up, and will not allow enforcement. So what about the claim form itself? I assumed claim and judgment must be in name name for enforceability? Plus, I’m still within the limitation period of the claim, am I?

 

[PierreDe]

The defendant picked it up, and will not allow enforcement. So what about the claim form itself? I assumed claim and judgment must be in name name for enforceability? Plus, I’m still within the limitation period of the claim, am I?

You will not.

They will (should be) neutral.

If anything, they might be annoyed you got it wrong and are wasting the courts time!

Have you spoken to bailiffs to see if they can enforce based on a trading name?

They won’t enforce on a trading name. They said I should have understood the cpr of 16 (suffix: Ltd). Trade name is unenforceable.

 

[Newchodge]

The defendant picked it up, and will not allow enforcement.

WHEN was the problem pointed out?

 

[PierreDe]

WHEN was the problem pointed out?

Last July 2024 I think

 

[PierreDe]

Hi all,

Sorry I'm a bit late to this one.

I think getting the judgement 'changed' is problematic at best, and as others have pointed out, a solicitor is likely required to ensure this is done correctly. My instinct is that the previous judgement would need to be set aside on the basis that it has been awarded against the wrong legal entity, and a new judgement sought - but then you are possibly facing statute barred issues seeing as the original claim was nearly 6 years ago.



This is worth exploring in my opinion. If the judgment is against "Mr A Example t/a ABC Business", and the defendant has not challenged this, then potentially it is enforceable against them personally, and their personal assets.



Out of curiosity, I'd ask the same as @Newchodge - why is this only now being picked up 4 years after you have won the judgement? What collection activities have you undertaken since winning the judgement?

Can I ask though, can’t I undertake the enforcement process up to just under 6 years later, just wondered how the law sees it?

 

[fisicx]

You need a solicitor! This isn’t something you can do on your own.

As others have already suggested, you have left it far too long to take action

 

[Newchodge]

Last July 2024 I think

Why didn't you deal with this in July 2024? It is possible you can have the claim amended, but the courts expect people to act as soon as they realise there is a problem. I cannot see them viewing the length of time elapsed, in general, and particularly the months since this issue arose as being reasonable.

 

[Michael Loveridge]

You could make an application based on cpr 40.12 and see what happens.

However, I think you'll have an uphill struggle to try and obtain a correction to the judgment on the basis you are seeking.

The limitation period runs from the date that payment became due, not from the date you issued proceedings. As it’s nearly 6 years since you issued the Claim Form, and as that was presumably some time after payment had become due then you're almost certainly out of time.

Don’t bother making an application under CPR 40.12. This is designed to correct accidental errors made by the court. In your case you failed to identify the correct Defendant in the claim form, and you would have to ask the court for permission to amend the name of the debtor. This may or may not be granted, but you would have to file a formal application using form N244 – https://www.gov.uk/government/publications/form-n244-application-notice

How much was the value of the claim? This may determine whether or not it’s worth pursuing.

 

[Gyumri]

Don’t bother making an application under CPR 40.12. This is designed to correct accidental errors made by the court. In your case you failed to identify the correct Defendant in the claim form

I agree it's a lost cause. What I can't understand however is that the case was defended by the company and nobody least of all the judge recognised or complained that the defendant was shown by its trading name only rather than Ltd t/a trading name.

No, the claim was defended by them at the time, but I won the judgment. It was a claim for money.

As it’s nearly 6 years since you issued the Claim Form, and as that was presumably some time after payment had become due then you're almost certainly out of time.

The claim was presumably issued within time otherwise the judge would have certainly queried the point if it was beyond six years after the debt became due.

The OP's query is about enforcement of an existing judgment order which only states the trading name. There is no time limit surprisingly on enforcing judgments except that after six years the permission of the court is required before any enforcement steps can be taken (unless a debtor acknowledges/accepts the debt in which case the clock restarts.)

 

[PierreDe]

I agree it's a lost cause. What I can't understand however is that the case was defended by the company and nobody least of all the judge recognised or complained that the defendant was shown by its trading name only rather than Ltd t/a trading name.



The claim was presumably issued within time otherwise the judge would have certainly queried the point if it was beyond six years after the debt became due.

The OP's query is about enforcement of an existing judgment order which only states the trading name. There is no time limit surprisingly on enforcing judgments except that after six years the permission of the court is required before any enforcement steps can be taken (unless a debtor acknowledges/accepts the debt in which case the clock restarts.)

The debt was notified to the debtor in 2018. The claim was issued 1 year later in 2019. Is this a prob?

 

[Newchodge]

I agree it's a lost cause. What I can't understand however is that the case was defended by the company and nobody least of all the judge recognised or complained that the defendant was shown by its trading name only rather than Ltd t/a trading name.

I would imagine that the filed defence was in the trading name, so there was nothing for the judge to notice.

 

[Michael Loveridge]

The debt was notified to the debtor in 2018. The claim was issued 1 year later in 2019. Is this a prob?

Yes. It means that the 6 year limit for bringing a claim expired in, at the latest, 2024. So if you are unable to persuade the Court to amend the judgment your claim is dead.

 

[PierreDe]

But do you think the court will amend the judgment under the CPRs? Given that the judgment and claim will be in different names? What cpr would I be using for this to try and persuade the court? Thanks

 

[Newchodge]

But do you think the court will amend the judgment under the CPRs? Given that the judgment and claim will be in different names? What cpr would I be using for this to try and persuade the court? Thanks

What do you mean 'the judgment and claim will be in different names'? If the court agrees to amed the claim name, that should cover the judgment as well.

 

[fisicx]

But do you think the court will amend the judgment under the CPRs? Given that the judgment and claim will be in different names? What cpr would I be using for this to try and persuade the court? Thanks

Get a solicitor! The very fact you are asking all these questions means you are ill prepared for a legal challenge. Pay for the right help. If you don’t your chances of winning drop to almost zero.

 

[PierreDe]

What do you mean 'the judgment and claim will be in different names'? If the court agrees to amed the claim name, that should cover the judgment as well.

No, I mean, will the court agree to amend the judgment ‘only’ (as I don’t think I will be able to bypass the 6 year limitation to amend the claim form ‘Michael Loveridge advised’), as the debt was owed from 2018? I don’t have the money to hire a solicitor

 

[fisicx]

I don’t have the money to hire a solicitor

Then your chances of success are almost zero.

What happens if you submit your claim and lose? How are you going to pay the court costs and those of the defendant?

 

[Newchodge]

No, I mean, will the court agree to amend the judgment ‘only’ (as I don’t think I will be able to bypass the 6 year limitation to amend the claim form ‘Michael Loveridge advised’), as the debt was owed from 2018? I don’t have the money to hire a solicitor

I don't know, but your bigger problem will be persuading the court to allow you to pursue a judgment if it is more than 6 years old. It was issued in 2019, WHEN in 2019? What have you been doing to enforce it since then?

 

[Michael Loveridge]

Then your chances of success are almost zero.

What happens if you submit your claim and lose? How are you going to pay the court costs and those of the defendant?

He still hasn't said how much the claim is for, but if it's for less than £10k it would be a small claim, where no legal costs are normally awarded win or lose.

 

[fisicx]

He still hasn't said how much the claim is for, but if it's for less than £10k it would be a small claim, where no legal costs are normally awarded win or lose.

However, trying to get this sorted with limited legal knowledge is a fools errand. There is so much detail missing we can only give general advice when the specifics are necessary to get the full picture.

 

[Mark T Jones]

I despair!

6 years after the event
2 years after the mistake was identified & you're here, asking the same question, in different ways, hoping to get the answer you want to hear.

Everyone makes mistakes, the key is to take ownership, learn and rectify.

 

[Gyumri]

The debt was notified to the debtor in 2018. The claim was issued 1 year later in 2019. Is this a prob?

No

I would imagine that the filed defence was in the trading name, so there was nothing for the judge to notice.

Could be - I wasn't there to see.

What happens if you submit your claim and lose? How are you going to pay the court costs and those of the defendant?

---

The OP has already "won" his claim but the judgment is in the name of the defendant Coco the Clown - who is not the legal entity that he meant to sue.

The Ltd did apparently defend the claim however, but they've now blown a raspberry at the OP by saying that there is no judgment against them.

So whether the OP has the money to pay solicitors at £350 per hour is probably going to be as useful as throwing money down the drain on trying to revive a defective claim which is simply not enforceable against the Ltd debtor.

 

[PierreDe]

A defective claim, yes, which for obvious reasons of the limitation period, the name cannot be changed - but perhaps the judgment could be salvaged by the change of name to the legal entity ‘Ltd’ name. The only thing I ask is whether the judge would allow this, because essentially the ‘claim’ will still be in the trade name, and the judge may say “no, I can’t amend the judgment name to the legal entity, because the claim was actually issued in 2019 in the trade name”.

 

[fisicx]

How much is the claim?

 

[PierreDe]

How much is the claim?

£10,000

 

[Michael Loveridge]

For £!0k I would have thought it was worth paying for some advice. Depending on the exact details of what's happened I think there's a possibility that you could succeed, but it all comes down to presentation and arguing the law correctly.

Bear in mind that one factor the court will very much take into account is any delay in making your application once you have become aware of the error.

If you can't afford to pay for advice you may be able to find a lawyer that will work on a contingency basis, i.e. they will take a slice of the £10k if the application succeeds but won't charge if it doesn't.

An important factor is whether the defendant could satisfy a judgment for £10k. If they're effectively insolvent then the whole exercise is pointless.

 

[Lisa Thomas]

Agreed - there is no point doing anything if the company cannot pay.

 

[White Collar Legal]

This is a claim against a company using a trading name.

However, I see that the Defendant defended the case. In order to defend it, they must have stated what their name was (on the Acknowledgement of Service or on the Defence). It may be the case that you write to the Court pointing to the Acknowledgement of Service and/or Defence and ask the Court to simply change the name. The name may have also come out in their witness evidence.

You normally have 6 years from date of judgment to enforce. After that you may need permission from the Court.

You can amend by way of application. Evidence / Explanation would need to be provided but because they defended the claim, they appear to have accepted the judgment is against them.

Part 19 is the relevant part but also Rule 3.1(2)(p).

 

[PierreDe]

This is a claim against a company using a trading name.

However, I see that the Defendant defended the case. In order to defend it, they must have stated what their name was (on the Acknowledgement of Service or on the Defence). It may be the case that you write to the Court pointing to the Acknowledgement of Service and/or Defence and ask the Court to simply change the name. The name may have also come out in their witness evidence.

You normally have 6 years from date of judgment to enforce. After that you may need permission from the Court.

You can amend by way of application. Evidence / Explanation would need to be provided but because they defended the claim, they appear to have accepted the judgment is against them.

Part 19 is the relevant part but also Rule 3.1(2)(p).

Thanks for the advice. So I assume I will need to seek amendment of the claim form itself under part 19, and then the judges reasoning for amending the judgment would be cpr 3.1(2)p?

Am I still ok then, because the actual debt was referred to the defendant via an invoice as being owed in Jan 2018; and then I issued the claim in 2019. (But the debt was due from 2010, which they paid bits to until 2014.)

Being that I only referred the invoice to the def in 2018, am I out of time to change the claim form though under part 19, as it’s over 6 years?

Out of curiosity, why part 19 abc not part 17?

Thanks for your help.