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Money claim

  • Jane89
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01 Apr 19 #507023 by Jane89
Topic started by Jane89
Hey guys

I don’t know where to ask for guidance.
My friend got a court order asking another party to pay his money back on the basis of putting the claim online
The judge ordered company to pay my friend his money back for the broken car.
Company won’t pay as they said that the legal entity name on that judgement is wrong. They asked him to change the order with the proper legal name.
He sent an application to vary an order exposing situation to the court.
Court answered that the application is dismissed as the order was made in December and he applied to change it in January ( trying to fight with the company to pay his money back )
What should he do?
What other options he has to enforce that order ?
What to do to make the court to change his order - only the legal name of the company.
Will be glad for help

  • polar
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03 Apr 19 #507030 by polar
Reply from polar
Moneyclaim online has fixed fees.
Obviosly with any court document the paperwork must be correct.
The person/company that you have a claim against must be listed properly
ie Smith plc David Smith Ltd or maybe David Smith.
Maybe it was a cutomers car and they were selling on behalf of....
You might find that the company accepts it has to pay but for VAT/Tax /acounting reasons the name must be correct

Did the company have a letterhead ? Maybe on the receipt.
Issue the claim again with correct documentation and swallow the cost.

Once you get the judgement that goes on record . ie it goes against the company credit record.

I forget the time you can start the second part of collecting now but you then go back to the court and ask for judgement to be enforced.

You can send the bailiffs in a few weeks later if not paid.

All court costs plus the bailiff can be added to the final bill.
You cannot however claim for the first claim costs.

One of the dangers is the company may close /go bust etc before you get judgement.

Hope this helps.It is a little time since I took anyone to court but I did it regularly but as you know processes change.
The process is online somewhere if you do some basic research.

  • Jane89
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29 Apr 19 #507336 by Jane89
Reply from Jane89
Thank you for help.
I have made a new claim with the proper legal name.
Hope it works.

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