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Amending a High Court Writ


kev827
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Good morning,

 

I launched a small claims case against a company sometime ago which has been approved by the courts. I had a writ issued against the company that i had the agreement with, however it now transpires that this company wasn't a really one. The really company traded as the one that i had the agreement with. When i checked all the companies house details the number on all the letter heads related to a different company to which i had the writ issued.

 

My questions is how to do apply to get the name on my original writ changed? This whole issue has been going on for nearly 18months and the company concerned appear to be using every tactic that they can find to delay the outcome.

 

Many thanks for any responses that you might post.

 

Kev

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Good morning,

 

I launched a small claims case against a company sometime ago which has been approved by the courts. I had a writ issued against the company that i had the agreement with, however it now transpires that this company wasn't a really one. The really company traded as the one that i had the agreement with. When i checked all the companies house details the number on all the letter heads related to a different company to which i had the writ issued.

 

My questions is how to do apply to get the name on my original writ changed? This whole issue has been going on for nearly 18months and the company concerned appear to be using every tactic that they can find to delay the outcome.

 

Many thanks for any responses that you might post.

 

Kev

it's nothing to do work the high court. It is all county court.

You need a form N244.

However from the sounds of it you needed to take a breather and read around a bit because you don't sound very clued up as to what you are doing.

Also why don't you tell us your story carefully so that we understand and maybe give you some help.

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Thanks for the advice, your are quite correct i am no legal expert.

 

The story of the case is:

I employed a company to look after my property, they looked after it for almost 4 years throughout the duration of the agreement i had to speak to them on several occasions about the level of service that i was getting.

 

Key points:

1. Lack of correspondence from them. Every month i should have been sent a statement showing how much rent i was being paid over 48 months i only got 10.

2. Late payments, the agreement stated that i would be paid on the first of each month, more often than not i wasnt getting the money until mid month and that was after i had chased them up.

3. Inspection reports. During the course of the agreement i had no inspection reports.

4. Damage/theft of garden. When i finally got some photos of my property it became apparant that the garden that we had done before we left had been damaged and in the case of the fence and decking area removed.

5. Internal decoration: 2 of the rooms had been painted without permission, again due to the lack of inspection reports this was only noticed after i finally got some photos.

6. Promised works: after highlighting issues 4 and 5 the company agreed that they would repair the damage, despite a promise and emails saying that the work was going ahead as scheduled and things were done. when i visited the property myself to check on the progress there was no evidence of the work being done.

7. They had been paid some rent by the local council and i have still not been paid this.

 

I sent them a letter before action asking them to complete the work and pay back the money that i was owed, they did not respond.

I launched a small claims court action which they requested an application of service for. After the 4 weeks they didnt file a defense so i was awarded the judgement.

I had the judgement issued, then they applied for the application to be thrown out, i went to court and they didnt turn up so the judge ruled that my judgement still stands and they should pay.

 

Throughout the investigations into the company i found out that the name on all their paperwork which was the company that i had been dealing with did not match the companies house records. I had a writ issued and engaged with a HCEO to action the writ on my behalf. When they visited the offices the agent was told that the company named on the wirt had stopped trading 18 months earlier.

 

The advice that they gave me was to get the writ amended to reflect the details of the company who's companies house number appears on all my documentation. Hence my question of how to do it.

 

I hope that this all makes sense?

 

All the best

 

Kev

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This is why it is imperative to ensure you sue the correct entity.

 

If the correct company name is very similar then you may be able to get it amended and button sealed. If it is completely different then you will need to make an application to court which will likely result in a hearing and possibly a new claim.

 

You could also report the Directors to the BIS at Companies House if their letterhead is a dodgy as you say...

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Many thanks for the reply, i have emailed the local council who were paying the money to the company and asked them for the exact details of who they were paying so that i can make sure that the details that i have entered are correct.

 

Can i please ask what "button sealed" means?

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Tamper Proof seal in US law. Final Seal in UK not now often mentioned.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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