Who do I sue?

[BusinessM8]

Hi, I'm new here and not sure this is the correct place to post this - tell me how and where to move it if it's the wrong place please!

I have a need to sue for a payment for a service that was taken but not paid for. Simple enough, I know how to use the County Court Small Claims etc.. However, do I sue the defaulter under their trading name (that they used and that appears on our Invoice etc) or their 'parent' company? More importantly will I lose the right to redress if I do sue the Trading Style not the Limited Company or am I just being paranoid?

[bluebottle]

Re: Who do I sue?

If you can post up better details, it will be easier to give you advice. Is the defaulter a company in its own right or just a trading style (trading name) of a company?

[BusinessM8]

Re: Who do I sue?

If you can post up better details, it will be easier to give you advice. Is the defaulter a company in its own right or just a trading style (trading name) of a company?

The business is a limited company, they booked under their trading style.

[bluebottle]

Re: Who do I sue?

Thank you. If the defaulter is, for example, Acme Widgets Limited t/a Acme Widgets, you show the defaulter on the N1 as Acme Widgets Limited trading as "Acme Widgets". This positively-identifies the defaulter and makes it harder for them to dispute the claim in any proceedings. Don't forget that you need to comply with Civil Procedures Rules.

Having noted that the business's trading style was written on the invoice, if their registered name is different from their trading style, is their reason for not paying because the invoice has not been made out in the registered company name?

[BusinessM8]

Re: Who do I sue?

No, their boss is a vindictive, short and angry man!

I shall issue proceedings direct to the Limited Company. Just for completeness though, to understand the situation, if we were to sue them under their trading name as Acme Widgets would we be disadvantaged, ie: would this mean that because we didn't specify that they are part of Acme Widgets Limited that they'd have a valid defence?

[bluebottle]

Re: Who do I sue?

Send the Poison Dwarf a new invoice made out to

Acme Widgets Limited t/a Acme Widgets (example)

and ask for prompt payment. You might be surprised that he may settle. If not, send a Letter Before Action, addressed to the limited company t/a its trading style. If the Poison Dwarf still doesn't settle, then fill in the N1.

In answer to your question about what to put on the N1, if a business is a limited company trading under another name, you must show both the registered company name and its trading style on the N1. Otherwise, the Poison Dwarf can dispute the claim and, yes, your business would be put at a disadvantage.

In matters like this, it is best to stick to correct protocol and procedure. That way, there is less chance of a defendant escaping justice.