I have obtained a default county court judgement against a defendant. I put the name down as Mr A Ahern. The address for service and the address were the claim was served and were the judgement is registered is the same and correct. There was no defence filled, and no papers were returned to me or the court. However I have now learnt the defendant’s proper name isXXXXX Although I had replies to my letters from his agent(they were not solicitors but letting agents) before the claim was issued they never once corrected his name.Can I still obtain a charging order with the judgement that I have or will I have to obtain a county court Judgement in his proper name?
Province/Country relating to question : uk
-Could you explain your situation a little more?
The default judgement is registered against mr A Ahern atXXXXXBirmingham. The defendent does not live at this address but lets the property to a tenant on an AST. The Land registry shows the owner of the property to be MR Kevin John Ahern. The claim was for water damage to my flat from a leak from his flat. He had no insurance.
Do you categorically know that they are one and the same person?
They could be brothers or father and son or some other relationship.
No they are 100% one and the same person
You are unlikely to be able to register a charging order unless the names co-incide.
If it was an initial wrong, the court may accept it under the slip rule but not whole names.
You can make the application for the order as A Ahern aka Kevin John Aherrn BUT the court will want some proof that they are the same person and an explanation why you issued against the wrong name.
It would be for the judge to decide if he wants a new judgement.
Can I help further?
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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