CCJ Question

A question about : CCJ Question

Hello

Our family business (Ltd company) completed some work for someone back in December 2012 and have been chasing them (a husband and wife duo) for payment ever since. When we completed the work for them they were trading under one name and by doing a bit of detective work I can see that they have changed their Trading name/address a number of times since, as well as alternating business ownership between the two of them each time, which makes me think that not paying people is a regular business practice for them.

I am going to go through the court to claim back the money that is owed, however, what I'm wondering is whether I should issue the claim against the individuals or the company as it was called then? Bearing in mind that this was simply a trading name and was not a limited company. I have managed to locate their home address so I am thinking of issuing the claim against them personally so that a judgement will be more likely to be enforceable.

Is this the correct thing to do? Should I mention their previous 'trading as' company name on the claim at all? Should I make the claim against both of them or whoever was in charge of that particular 'company' at the time?

Many Thanks

Best answers:

• The trading name is irrelevant.
  The trading status is.
  LTD company = name the company secretary + LTD company on papers.
  Sole trader, as in trading as but not registered as a LTD firm = Sue the person directly and forget trading names.
  As sole trader they are the same entity as themselves if that makes sense, the trading name is non relevant and if anything can leave you with a useless CCJ.
• Thank you Mark, that clears things up.
  I've just had a look to see if they have any CCJ/Bankruptcy against them and it turns out the husband was made bankrupt in July 2013. Does this mean that we will now be unable to claim as we carried out the work in 2012 and he has now been discharged
• The company is a completely seperate legal entity to the director. Is the Ltd company still trading?
• The company was not a Limited company it was a sole trader company. However, I have just found out that he was declared bankrupt (see post #3) so I'm assuming I can no longer claim for this debt?
• yes, I understand, the bankruptcy had a different bearing depending on whether it was a limited company or a sole trader. I would have been some use if it was a limited company though none unfortunately in this instance, sorry.
  I do suspect the worst though.
• You will need to do this --> https://www.gov.uk/register-creditor-bankruptcy
  but chances of getting anything are small.
• you can still go after his wife