Filing a Claim Online - "Who are you making the claim against?"

[pc52straw]

Hi!

Maybe a useful question to answer for all kinds of litigants...

Say some shoddy work's been done by an outfit that works under a brand name used on website, Insta, Facebook etc, and it uses an online invoicing service for payment with the dotcom address on it. Payments go to a named individual, but they're not listed as a company director/owner.

Everything you can print off has the name of the website on it, not the gaffer's name.

According to the online system, there's 4 options to choose from:

"An individual" (For example someone you lent money to)
"A sole trader or self-employed person" (For example a tradesperson who did work for you)
"A limited company" (For example a company that sold you goods or services)
"Another type of organisation" (For example a partnership, trust, charity, club or association)

What's the best way to file the claim without having it rejected on the basis that you're naming the defendant incorrectly?


TIA

[R0b]

Hi

Based on what you have described, I think we can rule out an individual since they are operating under a brand (you may wish to screenshot that evidence if disputed by the individual).

It is a legal requirement for limited companies require certain information to be on their stationary such as the name, registered address and company number. If there's no such information displayed on these social media pages, then you can reasonably rule out a limited company. You can also verify this by checking the company name using Companies House register online and checking to see if that company exists, the company address matches and the individual is a director of the company.

Other types of organisations have similar but not so stringent requirements like a limited company and you should know on the face of it who you might be contracting with, so this could potentially be ruled out.

That leaves a sole trader or a self employed person which sounds about right in the absence of any information being disclosed above. It's possible the individual is providing services in their own personal capacity but then using a trading name e.g. Joe Bloggs trading as XXXX. If that's what you think it might be then that's the name of the defendant you list in the box.

Who you contract with is a question of fact based on the information and evidence you have in your possession. Operating a brand name, payments being deposited into an individual account are indicative as someone as a sole trader operating under a trading name, but it is not conclusive. It would be up to the individual to prove that the contract was not with them but a company or some other outfit.

If you are willing to share the website name, maybe we can check and form a better opinion.