Ccj issue

[mrrj]

I had a CCJ issued while on holiday

 

the company on the CCJ isn’t the company name I owe money to but the CCJ company name that has is now in liquidation

 

we’re do I stand?

 

I have had a text msg from the owner and he said they have filed the CCJ in the wrong name and it will be more expense change it to the company I owe.

 

I have now had a bailiff letter adding on an additional £2000

This is an ongoing issue due to faulty products

[dx100uk]

Story doesnt make sense...

So some sues you but used the wrong name?

 

Expand please

And are they bailiffs or a powerless dca?

Name names

[mrrj]

No the company that has put a CCJ in my name I have never dealt with.

 

He admitted they filed the wrong name in their paper work to the court.

And because I was on holiday I have missed the 14 day deadline

[dx100uk]

I think you mean a claimform not a CCJ

What date is top right on it please

You have 19 days to AOS not 14

[renegadeimp]

He said bailiffs are involved and they added on 2k.

 

Something isnt right here. maybe the OP can start fromt he beginning and give more info.

[dx100uk]

Right done some work on your 1st post

You cant have bailiffs without a judgement

 

So i gather the debt is over £600 And these are HCEO's at your door

 

Is this a business to business debt?

[AndyOrch]

Thread moved to General Legal Issues for now and possibly going to Bailiffs Forum when/if we get a full explanation of whats happened.

 

Andy

[mrrj]

Right so what’s happened is from the start I have been been dealing with a company called horsham cabinets company and was buying products from them for about 1 year. And this was all done on a hand shake I never filled in a credit account form or nothing of that sort.

 

Towards the end of that year I had on going arguments about what jobs I had and hadn’t paid for.

I told them that I didn’t owe over £3000 and had proff of the payments but they never took them off my statement.

 

What’s ended up happening is they have filed a CCJ in my name but submitted it in a totally different company name and that they’re accounts lady messed up.

 

I have been given a CCJ from a company called pd kitchen ltd and I have no invoices from that company.

I was dealing with a company called horsham cabinets Ltd NOT pd kitchens.

 

I have spoken to the owner and he sent this in a text msg last night

Hi Lee.. One of the payments you made were taken on the pd card reader. Lisa saw this and then completed the paperwork out incorrectly. We’ve looked into having the paperwork changed to the correct company name but it would cost me again, I will of course if you’d prefer. I liquidated pd kitchens this year and we now just operate as Horsham Cabinets from the same premises. Does this help clear things up ?

 

 

 

Hi liquidated it on 7th this month after CCJ was filed.

 

 

So I wanted to sort this out with him directly but now the liquidator has closed that company I don’t think I should deal with him direct?

 

 

 

So what I’m getting to is he has filed a CCJ in the wrong company name

I was away when all this has come about.

And missed the date to go to court.

 

 

Shall I get him to re do the paper work in the correct name and then take my evidence to court as my paper work won’t match pd kitchens its for horsham cabinets.

Edited August 11, 2018 by honeybee13
Paras

[numbers666]

As you don't owe the money to the company on the CCJ you could set it aside.

 

If you do owe the money, you pay it to the company named and by virtue to the liquidators / appointed insolvency practitioner. To do otherwise would be detrimental to any creditors of the liquidated business. This will discharge your indebtness.

 

Ultimately he needs to remove the judgement in the wrong name, alternative you can make application to do so then reclaim cost when you successfully defend new claim issued by the correct claimant. You have records to evidence no debt is due or in dispute ?

 

Also search beta companies house and check the legal status of both ltd companies.

 

 

 

If you really want to make life difficult ensure that the appointed is practitioners are aware of a linked company and possible depravation of funds.

 

N

Edited August 11, 2018 by Andyorch
edited

[AndyOrch]

What date was the claim and judgment ?

 

What is this Bailiff letter for £2K ?

[stu007]

Hi

 

You really need to to give us a breakdown of events from start till now as without this it will be difficult to advise

 

Was the 'handshake' referred to in post#8 done as:

 

Business to Business? or

 

Private Individual to Business?

[dx100uk]

:noidea:

[mrrj]

Once a CCJ has been filed can the claimant change there company name and address?

 

I have been sent a CCJ from a company called PD kitchens ltd, they are liquidated now.

I called the claimant and said I have never had dealings with pd kitchens Ltd.

 

He said I know we have filled out the CCJ paperwork incorrectly.

He said it was meant to say horsham cabinet company ltd.

He said he will call the court and change it???

Is that possible for him to do that??

 

I have been on holiday and missed the court date to prove I have never had dealings with that company.

 

What do I do now?

 

He text me saying This.

 

Hi Lee..

One of the payments you made were taken on the pd card reader.

Lisa saw this and then completed the paperwork out incorrectly.

 

We’ve looked into having the paperwork changed to the correct company name but it would cost me again, I will of course if you’d prefer.

I liquidated pd kitchens this year and we now just operate as Horsham Cabinets from the same premises.

 

Does this help clear things up ?

 

My reply is this to his text.

 

Hi Andy

I have spoken to my solicitor and they have informed me that the CCJ has been filed in the incorrect company name and there for it needs changing and court needs informing Monday as it’s illegal to do what’s been done and they need informing Monday.

 

I have been advised not to by pay Horsham cabinets for a CCJ that’s been filed under pd kitchens as there is no invoices I own with that name on them.

 

Once it’s been changed I’m happy to move forward on this matter in or out of court.

 

I’m also going to my bank Monday to get all payments that’s been made as proof.

 

Once I receive a letter from the court saying this has been removed I’ll call you and sort this out..

 

 

His reply

 

Yes. We’ve requested they correct the details

 

Can he do this or not

 

And what should I do now as bailiffs have added £2000 on a letter they posted.

Because I have missed he date what’s next.

 

I have looked at setting it aside but they want £225 for doing this but I don’t think you need to do this if it’s incorrect details from the claimant ?

Edited August 16, 2018 by dx100uk
spacing

[honeybee13]

Hi.

 

 

I've merged your old and new threads, to keep the information together.

 

 

HB

[AndyOrch]

Yes it is possible to change the judgment claimants name...refer to CPR 19.5....(3 a&b)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#19.5

 

But its not a given.....have a read of the following....when the court’s discretion to substitute a party under CPR 19.5 failed.

 

https://www.mills-reeve.com/files/Publication/ba4bc38d-a54b-40dd-8f81-38c2b195cae4/Presentation/PublicationAttachment/7d0c89e9-f3a2-49f9-8e85-3c763d447a67/Mills%20%26%20Reeve%20-%20Litigation%20Update%20-%20May%202010.pdf

 

 

Again I ask you what date was the judgment ?

[mrrj]

I got a letter on the 25/7 and bailiffs letter on the 7/8 adding 2k in charges.

 

If the letter says pay pd kitchens by cheque could I post them one ?

 

But the issue is they are in liquidation so they won’t be able to bank it.

 

I want it changed name as there is money missed and their accountant keeps missing payments I have made

this is why I want it correct and then I need to resolve it.

Edited August 16, 2018 by dx100uk
quote/spacing

[AndyOrch]

" I got a letter on the 25/7 "

 

Letter ? Is this the CCJ date ?

[numbers666]

You pay the official receiver for PD kitchens as listed on companies house. They have a bank account for it.

 

If you owe PD kitchens...

 

To stop bailiffs you need to get this before a court quickly on an application. They do not know that the CCJ was issued in the wrong name and can continue enforcement.

 

You also cannot pay Horsham as the judgement is in PD name.

 

You need to get this back to issue stage and defend - tell your solicitor to get the judgement set aside, as issued in wrong name, you have no financial connection to PD ie owe nothing to them. Then produce evidence that the invoice they allege are due were paid.

 

Also, the receiver is the only person that can issue a claim, and you should be speaking to them to make sure they are aware the director has issued a CCJ and enforcement whilst in liquidatation, and is now asking you to pay an alleged debt for the liquidate company to his active. This is detrimental to the creditors of the liquidated company, if proven you owe it, but you don't as you don't trade with them, and have paid all invoices.

 

Get your solicitor on it!