Finding out who is the sole trader of a business.

[Wings]

I need to enforce a debt against a car trader, with the same not being a Limited company, how can one confirm that the debtor is in fact the sole trader of a/that business.

Also whilst I have traced the debtor to a residential address, the same via Land Registry, the debtor insists that he does not reside at that same address, there again how can one prove that the effects at the property are the possessions of the debtor.

Thanks for any help, advice offered.

[StevieBee]

The short answer is that there isn't a way. This is why many sole traders find it difficult to get trade credit.

You could see if he is registered with the Retail Motor Industry Federation or other trade body which may help your case.

If there is no Ltd company you sue as the person not the trade name. Send a warning letter by recorded delivery or by hand to the business address.

21 days later, send the summons by recorded delivery or by hand to the same. This is deemed to be served whether he receives it or not.

If you have no reply you can ask for a default judgement and his name is published as a debtor with a CCJ.

Whether you get your money or not is another matter but at least you have made his life more difficult by way of compensation.

Good luck

[Mr Pointy]

Do you have any documents issued by him, for instance an invoice? A sole trader must include his name, any business name & an address where documents can be served:

https://www.gov.uk/invoicing-and-taking-payment-fr...

[SantaBarbara]

Go to High Court Enforcement action

[Wings]

SantaBarbara said:

Go to High Court Enforcement action

They will not attend until they have proof that the debtor is the sole trader of the car trading business, also proof that the debtor is residing at the residential property, the same that is registered on the Land Registry under the debtor’s name.

[StevieBee]

Wings said:

They will not attend until they have proof that the debtor is the sole trader of the car trading business, also proof that the debtor is residing at the residential property, the same that is registered on the Land Registry under the debtor’s name.

They must have changed their position on this. It used to be that you could issue against the 'Owner' without stating the name.

It may be worth asking the court what proof they would deem acceptable. It might be something as simple as a business card with his name on it. I'm struggling to think of what other publicly accessible sources would provide substantive proof. I'd be interested to know myself.

[anonymous-user]

SantaBarbara said:

Go to High Court Enforcement action

WHat are you talking about? He needs a judgement first.