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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If a ccj is mistakenly made to a limited company I.e. John

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If a ccj is mistakenly made to a limited company I.e. John Doe Limited instead of just John Doe is it still enforceable?

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

At this stage is this a hypothetical question or has this actually happened please?

Joshua :

In either event is there such a company as John Doe Ltd in your example?

Customer:

This has actually happened and No, there isn't such a company as 'John Doe Ltd' but there is a 'John Doe'

Joshua :

Thanks. Was this a default judgement or was a hearing held?

Customer:

A county court judgement was made due to monies owed which if remains unpaid is enforceable

Joshua :

Thanks. Unfortunately a judgement against JD Ltd is a completely different entity to that a judgement against the individual JD. A ltd company is a separate legal entity and although both contain the words JD it does not follow that the judgement will be enforceable against the individual I regret unless the mistake is that of the court in which case you can ask the court to correct its mistake under the "slip rule".

Joshua :

Unfortunately if the mistake was that of the person issuing the claim and it was issued against JD Ltd instead of JD the individual I fear the claimant must either ask the defendants permission to confirm the order against the individual in which case an application can be made on form N244 against the individual by consent or if the defendant refuses to cooperate, a new claim will need to be issued against JD the indivudual.

Customer:

That is what I thought, myself being JD, I had pointed this out before any action that I was a sole trader as all invoices were worded incorrectly but they have never bothered to remove the 'LTD'

Joshua :

If you are the defendant this is of course very good news. You are not JD Ltd and therefore the order is irrelevant to you. It is up to you whether you will cooperate with the claimant to confirm the order against you as above - presumably you would not and rather force the claimant to start again if he wishes.

Joshua :

Is there anything above I can clarify for you?

Customer:

No, that's great. Will rate you accordingly cheers

Joshua :

Many thanks. Best wishes

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