Small Claims Company Name Advice

[Disk3473]

Hello

Any advice on this matter would be very much appreciated.

I am going to proceed with taking a car dealer to the small claims court for compensation for car repairs carried out as he refused to do so.

Now the only part i am confused about is when filling in the application i want to get the correct name to make sure there is no problems.

On the invoice i got when buying they have put lets say for example Whitehold car sales , on the signs on the four-court and the website is under Whitehold Cars.

But more importantly on companies house they are registered as Whitehold LTD,

So do i assume i take the companies house name of Whitehold LTD as the legal entity and this is who i pursue and could also add on trading as Whitehold Cars

The company has been active for 5 years and stock at the showroom is in the excess of £300,000 with most cars being over £30k each so its not a small startup selling your normal £500 cars they sell high end vehicles.

Any clarification would be great.

Thank you

[Disk3473]

Anyone have an idea ?

Cheers

[paulajayne]

"Whitehold LTD trading as Whitehold car sales and Whitehold Cars" should do it.

Other may be along to assist.

[des8]

If the Ltd Co are trading as XYZ, then the invoice from XYZ should so state.

Did the invoice include a VAT registration number?

[Disk3473]

Hi

Yes it does have a vat number they are using a logo that incorporates the company name followed by cars

[R0b]

Any company is legally required to put its registered office and company number on any business stationary, including invoices. So if the company is a limited co. then the company number should be stated on there.

I did a quick search of "Whitehold Ltd" and Companies House does not appear to show an active company by that name. The closest I have got to is White Holdings Ltd.

What company number is it showing on Companies House?

[des8]

You can do a VAT search against the company name to check who is invoicing you: https://www.smallbusinesspro.co.uk/tax/vat-numbers.html

[paulajayne]

"lets say for example Whitehold"

ROB ---- I do not think the true name was given.

[Disk3473]

Thanks for the advice

If you see the attached picture this gives you the company name without me actually writing it out. You can see the name it uses us not the name registered with companies house. So knowing the name i need to use is the correct legal entity.

Steve

[Amethyst]

The Ltd company ( the company house reg number is at the bottom of their website - should also be on their invoice etc ) and it's registered address seems to be the same as its trading address. Vat number is right company name but at the directors home address ( matches that originally on companies house ) so it all scans and you'd sue the company.

In your Particulars you can say something like

"The defendant, Whitehold Ltd trading as Whitehold Cars, is in the business of selling cars from its premises at xxxx address xxxx. "

Have you sent a letter before action ? ( that should also be addressed to the ltd company )

[Disk3473]

The Ltd company ( the company house reg number is at the bottom of their website - should also be on their invoice etc ) and it's registered address seems to be the same as its trading address. Vat number is right company name but at the directors home address ( matches that originally on companies house ) so it all scans and you'd sue the company.

In your Particulars you can say something like

"The defendant, Whitehold Ltd trading as Whitehold Cars, is in the business of selling cars from its premises at xxxx address xxxx. "

Have you sent a letter before action ? ( that should also be addressed to the ltd company )

Thanks for your reply

Yes i have sent a letter before action which i put in the name of the ltd company and also the company with cars added just so cover myself.

Attached is the invoice so you can see the details i was given on the invoice after purchase.

It does not seem to include the company number but does contain Vat Number.

Obviously just want to make sure i am taking the right name to court but is clear to see he has added to the name for online sales purposes.

Steve

[Disk3473]

The Ltd company ( the company house reg number is at the bottom of their website - should also be on their invoice etc ) and it's registered address seems to be the same as its trading address. Vat number is right company name but at the directors home address ( matches that originally on companies house ) so it all scans and you'd sue the company.

In your Particulars you can say something like

"The defendant, Whitehold Ltd trading as Whitehold Cars, is in the business of selling cars from its premises at xxxx address xxxx. "

Have you sent a letter before action ? ( that should also be addressed to the ltd company )

The letter before action deadline for his reply was today.

Tomorrow i will be submitting the claim via the online service so do you think i should put the companies house ltd company in the who i am taking to court box and then add in the details trading as etc etc like you suggested.

All the best

[ostell]

yes you need to add the t/a name

[Disk3473]

The only thing i want to make sure is in the box of who i am processing the claim against am i just putting the registered ltd company or also adding the trading name or leave that for the poc section

Obviously Amethyst has said to sue the company so assume its just the registered name i am putting.

[ostell]

But your invoices are from the t/a name so you need both to tie them together