Small claims advice pls
Discussion
I've filed a claim (as an individual) against a someone who did some work for me. He's pretty much a one man band but has a business name & address (I've visited it) which I've used when filling in the defendant box on the small claim form , therefore I believe my claim is against a 'business' & as such any hearing will be automatically allocated to my nearest court & not his.
I have receipts from him on his business headed paper with him name as 'proprietor' from when I purchased the 'goods' in question. I'm guessing he's a sole trader as nothing found on companies house website for a ltd company in the business name nor any registered address on the headed paper I have.
My question is am I right in my understanding that he won't be able to challenge where the hearing is held (he's several hundred miles from me) because he's a business with a premises & an address in that name?
Or, will he be treated as an individual because he isn't a ltd company but most likely a sole trader, therefore in other words he's Mr X trading as ABC? I spent an hour at citizens advice this morning getting nowhere & have spoken to a friend who's a criminal lawyer but he can't be definitive as not really his area. Also can't find the answer I need on line.
any advise from someone qualified would be very helpful. many thanks
I have receipts from him on his business headed paper with him name as 'proprietor' from when I purchased the 'goods' in question. I'm guessing he's a sole trader as nothing found on companies house website for a ltd company in the business name nor any registered address on the headed paper I have.
My question is am I right in my understanding that he won't be able to challenge where the hearing is held (he's several hundred miles from me) because he's a business with a premises & an address in that name?
Or, will he be treated as an individual because he isn't a ltd company but most likely a sole trader, therefore in other words he's Mr X trading as ABC? I spent an hour at citizens advice this morning getting nowhere & have spoken to a friend who's a criminal lawyer but he can't be definitive as not really his area. Also can't find the answer I need on line.
any advise from someone qualified would be very helpful. many thanks
george123 said:
Jasandjules said:
Does the invoice say "Mr X Trading as Y" or "XXX company"...
I have a receipt on his business headed paper, at the bottom underneath where he's signed it, there's typed: 'Mr X - Proprietor'website said:
Who do I sue?
It is very important to make sure that you sue the correct person/business.
If you are suing a sole trader, you complete the claim form using the individual's name, followed by 'trading as', then the business name (if any) and then the trading address (which may be a home address).
.It is very important to make sure that you sue the correct person/business.
If you are suing a sole trader, you complete the claim form using the individual's name, followed by 'trading as', then the business name (if any) and then the trading address (which may be a home address).
http://www.tradingstandards.uk/cgi-bin/glos/con1it...
Failing to state 't/a Y' is not necessarily fatal as he is still responsible for the debts of his business.
Did you issue through MCOL? If so the allocation will be done automatically by the CCBC at Northampton Bulk Centre.
https://www.justice.gov.uk/courts/northampton-busi...
If the claim is defended, it will almost certainly be transferred to the defendant's local County Court.
If it isn't he can apply for that to be done. Something which should be factored in before claiming.
Red Devil said:
george123 said:
Jasandjules said:
Does the invoice say "Mr X Trading as Y" or "XXX company"...
I have a receipt on his business headed paper, at the bottom underneath where he's signed it, there's typed: 'Mr X - Proprietor'website said:
Who do I sue?
It is very important to make sure that you sue the correct person/business.
If you are suing a sole trader, you complete the claim form using the individual's name, followed by 'trading as', then the business name (if any) and then the trading address (which may be a home address).
.It is very important to make sure that you sue the correct person/business.
If you are suing a sole trader, you complete the claim form using the individual's name, followed by 'trading as', then the business name (if any) and then the trading address (which may be a home address).
http://www.tradingstandards.uk/cgi-bin/glos/con1it...
Failing to state 't/a Y' is not necessarily fatal as he is still responsible for the debts of his business.
Did you issue through MCOL? If so the allocation will be done automatically by the CCBC at Northampton Bulk Centre.
https://www.justice.gov.uk/courts/northampton-busi...
If the claim is defended, it will almost certainly be transferred to the defendant's local County Court.
If it isn't he can apply for that to be done. Something which should be factored in before claiming.
should I alter my claim to state "Mr X t/a Y"?
yes, was issued through MCOL.
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