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Contract with a trading name only, successfully open a court claim?

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  • #16
    Originally posted by atticus View Post
    ?
    If the case has now been amended so tgat the claimant is (e.g.) Fred Smith t/a Fred Sith Builders, in what way is he trying to "link" that to the limited company?
    No this is my point, this is not the case.
    The claimant made the original claim in the name of limited company not named in the contract.
    They then made an application to change the claimant name from the Ltd company name to *only the trading name* (not an individual t/a sole trader, nor a Ltd company t/a trading name).
    The "link" comes in that same application to change to the trading name, the claimant made efforts to say the trading name was the trading name of the Ltd company adn they were one and the same.
    However for which, none of their documentation I received (contract, invoices, receipts, etc) referred to the Ltd company nor meets the legal requirement for a Ltd company using a trading name.

    Originally posted by atticus View Post
    I worry that you do not understand the distinction. Sorry if I am wrong.
    I completely understand how a sole trader and Ltd company can trade under a different trading name, but neither were followed in the claimant's application to change the name.

    Thank you for taking the time to engage, I feel now that I have the answer from Rob

    Comment


    • #17
      In that case, this applicant needs to be pinned down: who or what trades under that name?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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