Make claim against builder as an individual, or his company?

[ezyevgf371]

Please advise in the following circumstances who should I sue?

1. The contract between me and the builder includes his full personal name, then in brackets his company name but it does not mention "Limited", just the first part of his company name.

Like this: "Contract between (My name) and John Doe (ABC Builders)"

However the builder does have a registered company.

2. The builder collected the majority of payments in cash, and some payments appear to be made into his personal bank account, as the bank account info he asked me to pay in included his full name (therefore does not appear to be a company bank account).

3. I have checked companies house, and the builders "Micro company accounts" shows no increase from the date I paid him? It appears the money did not go to his company, but to him personally.

[atticus]

Looking at point 1, it seems clear that your claim should be brought against (using your example) "John Doe trading as ABC Builders".

[ezyevgf371]

Looking at point 1, it seems clear that your claim should be brought against (using your example) "John Doe trading as ABC Builders".

If you added a "Limited" at the end of "ABC Builders", that would be his company name (ABC Builders Limited) which is registered on companies house in his name. Would that make any difference? Or the fact that the contract doesn't mention "Limited" at the end of "ABC Builders" means I can sue him as an individual?

[atticus]

I am looking at who you contracted with, as explained in your first post. There is no mention of a limited company.

This is confirmed by the payment arrangement.