company I sued has changed names

[too strong]

I have sued a accountancy company for money I paid for services not completed which I won. The baillifs have said that they have spoken to the owner who says they have changed names. He was a partnership but now seems to be going it alone.

 

How does that affect my court claim?

[Guest Old_andrew2018]

Hi

this might be better placed in the legal issues section,

I wonder if he belongs to a professional body no harm in reporting his conduct to them

Are you aware of any such membership, he may use letters after his name to indicate such membership

[Weird Al Yankovic]

I have sued a accountancy company for money I paid for services not completed which I won. The baillifs have said that they have spoken to the owner who says they have changed names. He was a partnership but now seems to be going it alone.

 

How does that affect my court claim?

 

Was it the company you sued rather than any indivdual?

 

I would suspect that they were a company and you will now not get any money, or at least it would be very unlikely.

[buzby]

If it was a partnership then the individual still has full legal obligation - but NOT if a Ltd company. I was able to pursue a builder (previously a partnership) with no difficulty. If your successful partnership suit does not include the name of the guy you are now pursuing, you may need to investigate whether you are being fed a line, and what the partnership details were (joint liability etc)

[too strong]

If it was a partnership then the individual still has full legal obligation - but NOT if a Ltd company. I was able to pursue a builder (previously a partnership) with no difficulty. If your successful partnership suit does not include the name of the guy you are now pursuing, you may need to investigate whether you are being fed a line, and what the partnership details were (joint liability etc)

 

 

It was definitley a partnership, but the other partner has left due to the others drinking habits which resulted in complaints from other people as well.

 

The baillif backed off saying that he will send in the new company details and send them to me. This has not happened yet and may have to chase up.

 

Called the accountants, the receptionist still answers the phone using the old name, confirmed the other guy had left and said the company had not been sold, but this could be down to her not been aware of what exactly what was going on between them.

 

I did not include any of their names on suit but just the old company name. Also, the company was not Ltd

 

Companies Clauses Act 1863 (c.118)

 

I had a look around and found this page on the internet.

 

Buzby, did you just substitute the new name for the old on the suit?

[buzby]

It was easy for me, as it was 'Smith & Jones Building Services ' and I was pursuing Mr Jones, so the Sheriff Officer didn't bat an eylid. In your case, I think they're erring on caution. Why not phone and speak to the office manager and confirm there is no 'company' and that the documentation you have is current and valid, and you want action ASAP?

[too strong]

Hi

this might be better placed in the legal issues section,

I wonder if he belongs to a professional body no harm in reporting his conduct to them

Are you aware of any such membership, he may use letters after his name to indicate such membership

 

I will check to see if they have any on their business card as soon as I can find it.

 

Does sound like a good idea though.

[too strong]

It was easy for me, as it was 'Smith & Jones Building Services ' and I was pursuing Mr Jones, so the Sheriff Officer didn't bat an eylid. In your case, I think they're erring on caution. Why not phone and speak to the office manager and confirm there is no 'company' and that the documentation you have is current and valid, and you want action ASAP?

 

 

Thanks for the quick reply, I will do that first thing tomorrow.

[too strong]

If it was a partnership then the individual still has full legal obligation - but NOT if a Ltd company. I was able to pursue a builder (previously a partnership) with no difficulty. If your successful partnership suit does not include the name of the guy you are now pursuing, you may need to investigate whether you are being fed a line, and what the partnership details were (joint liability etc)

 

 

Hi Buzby, I have just found out that he has sold the company to someone else even though he still works there and they have changed it to a limited company.

 

Does this make difference?

[buzby]

It makes a difference in that you cannot pursue the new entity, however the individual who was in the partnership remains liable (indeed BOTH are) so there's nothing preventing you from pursuing either or both however you may need to get the court to modify the order to name the two individuals who previously formed the original partnership. Someone with more experience of E&W courts might be better placed to review the possibility of success.

 

That said, if he now works for the new Ltd company, you can certainly arrange for a Garnishee order on his wages....!