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Enforcing while continuing claim

Re: Enforcing while continuing claim

Postby kvothe » Fri Aug 19, 2016 8:12 am

You may now search Companies House for any and all information without charge. You can search by name of the company, a registered number, or by the name of any officer. Any results will include current and prior appointments for current or dissolved companies.
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Re: Enforcing while continuing claim

Postby steve » Fri Aug 19, 2016 8:26 am

Thanks kvothe. Unfortunately, "unlimited" company information is not available online. Apparently there are only a few thousand of such companies.

Also, the claim is for less than £1000 so the claimant is looking to follow the cheapest option. It seems that the defendant thinks he has defended for both parties even if Northampton court haven't noticed. Atticus suggests that in essence the company will be represented if the sole owner/director is present.
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Re: Enforcing while continuing claim

Postby kvothe » Fri Aug 19, 2016 11:23 am

The information is still there. The exemption for unlimited companies relates to financial statements (accounts), and even then only if certain criteria are met. The officers, locations, and registered charges will all be visible.
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Re: Enforcing while continuing claim

Postby steve » Fri Aug 19, 2016 1:45 pm

I've realised it's possible it may be a partnership. I've just found a VAT number on a vat search website which mentions Mrs Fred alongside Fred in the "business name" (the claimant has used the trade name), but there is no record of a company in the companies house database.
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Re: Enforcing while continuing claim

Postby atticus » Fri Aug 19, 2016 4:32 pm

Be clear of the identity and status of the defendant(s) before commencing legal action. Attempts to correct things later can cause complications.
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Re: Enforcing while continuing claim

Postby steve » Fri Sep 23, 2016 11:54 am

As an update, a covering letter was sent to Northampton asking them to review whether Fred's defence also applied to Fred Unlimited.

The case was transferred to the local court and the first thing that has happened is the judge has ordered the defendant to clarify his and his company's defence.
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Re: Enforcing while continuing claim

Postby steve » Wed Oct 05, 2016 11:07 am

...the judge has ordered the defendant to clarify his and his company's defence.


In the order, the defendant Fred was supposed to reply to the claimant as well as to the court.

The claimant has not received a reply so remains a bit in the dark as to whether Fred has complied or what he has said.

Should the claimant inform the court so the necessary fire and brimstone is poured upon the defendant, or is this par for the course in these sorts of small claims?
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Re: Enforcing while continuing claim

Postby atticus » Wed Oct 05, 2016 11:28 am

Inform the court
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Re: Enforcing while continuing claim

Postby steve » Wed Oct 12, 2016 12:04 pm

The court has been informed that the defendant has not fulfilled the requirement of the Order.

In the meantime, the court date has been arranged along with times for issuing evidence bundles.

In Fred's defence he has made several vague allegations of damage and deductions due to underperformance which he has never substantiated despite request, as well as telling a few lies.

If he submits more specific evidence at the last minute, is it likely that the claimant will be allowed to submit further evidence rebutting the claims?

e.g. if Fred fakes evidence of deductions from previous invoices to justify current demands for witholding payment, the claimant would like to provide evidence of previous payment in full - but that is a lot of paperwork that would be irrelevant otherwise.

I kind of assume that a judge would see through such tactics, but the claimant is either more cynical or more realistic than me, so I can easily see his evidence bundle filling a box-file just on the off-chance!
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Re: Enforcing while continuing claim

Postby steve » Sun Dec 04, 2016 1:45 pm

For the record, Fred never challenged the inclusion of Fred Unlimited as a joint defendant.

However, the Judge queried it at the start of the hearing which prompted Fred to say it was a separate business not involved in the case. As a result, it looks like the judgement will be against Fred only, and not Fred Unlimited (the Judge forgot to state his final decision in his summary of the judgement at the end of the hearing).

In the end, as Atticus suggested, it would have been unwise to play games and enforce against Fred Unlimited. The Judge was very pragmatic in this and other matters. For example, even though he was quite critical of Fred's credibility and complimentary about the claimant and his witness (me :-) ) he only awarded 4% rather than 8% interest which is a bit odd given that Moneyclaim online inserts the interest claim for 8% automatically.
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