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Old 3rd February 2008, 12:09   #1 (permalink)
BOBBY ROCKS
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Default amend a defendants name after judgement??


Help, please

I won a judgement back in October 2007 against a company. brief case I terminated my contract Feb 2007 with letting agent as I wanted to collect monies myself , gave them 6 week notice said that it was ok , when it was my last day to collect keys and rent (three months) lost key and kept all rent said with was a exit fee !!!! Even though I had correspondence that everything was ok to collect! Anyway won the case they didn’t attend and had to issue warrant of execution! This has now come back unable to execute as company dissolved 2006!!!??

When I contacted companies house its states new company set up in 2005 with same name except management dropped off at the end. When I have looked through my paperwork I began with the company in March 2005 till Feb 07 and it was in Aug 05 that I have the new letter headed paperwork even though I was not ware they had changed name. The problem I have is that is part of my judgement is claiming full managements fees march - Feb 07 but obviously it has come to light that it is two different companies even though in court I have provided copies showing it relates to the new company.

County court couldn’t really help me said I need to fill in an n244 to apply to amend the name of defendants. Is this right or do I have to start my case all over again as before part of my judgement is for all management fees could the company request this to be chucked out stating they have not received any paperwork, I don’t want to waste any more time and money but I want justice. The court have sent my a N244 form and haven’t a clue how to fill it in. do I have to include n1 please can anybody help

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Old 14th February 2008, 00:14   #2 (permalink)
steven4064
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Default Re: amend a defendants name after judgement??

Hi Bobby and welcome to CAG.

The N244 is not the most obvious form is it

But it is the way to make changes to a claim without starting all over again. It will cost you £75.

In part A - "...intend to apply for an order ( a draft of which is attached) that(2)" say you want to change the name of the defendant

"because..." why you want to change it

In part B - rely on attached witness statement - tick

In Part C - the reasons why (the 'evidence') - here you tell the story you told us in your post.

Hope that helps
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