Small Claims Court action. (1 Viewer)

hotrod · Feb 17, 2017

Hi Guys

I am sure there is somebody on this forum who can help me.
I am issuing a "Money Claim On Line" against someone,how would it be best to name the defendant?

1/ Defendant's name only,

2/ Company name,

3/ Defendant's name and Company name.

It only becomes important should I win and they fail to pay up, thus resulting having to send bailiffs in to get my money.

Regards.

Astute · Feb 17, 2017

Are you taking him or his company to court?

hotrod · Feb 17, 2017

Astute said:
Are you taking him or his company to court?

The person named is also the the owner of the company.

What I am thinking, if you only name the person it is only their personal assets you can seize, if you name the company again it is only the company assets you can go for,so that is why I was considering naming both.This is why I have asked the question to see if I can name both.

Regards.

rob9872 · Feb 17, 2017

If the debt is owed by the company then it's the company you are suing. There is a Gov form to fill in (Make a money claim online - GOV.UK) and you will have to pay a fee up front to recover (plus any accrued interest and solicitors fees incurred).

The wording I always used was: "The defendant declines or refuses to pay, on demand, the sum of £x".

Gazolba · Feb 17, 2017

Make sure you get the company name right. Many companies do business under a name other than their legal business name.

skybluedan · Feb 17, 2017

hotrod said:
Hi Guys

I am sure there is somebody on this forum who can help me.
I am issuing a "Money Claim On Line" against someone,how would it be best to name the defendant?

1/ Defendant's name only,

2/ Company name,

3/ Defendant's name and Company name.

It only becomes important should I win and they fail to pay up, thus resulting having to send bailiffs in to get my money.

Regards.

your not Tim fisher are you

vow · Feb 17, 2017

skybluedan said:
your not Tim fisher are you

You really seem to have a thing for Timmy at the mo ;D

skybluedan · Feb 17, 2017

vow said:
You really seem to have a thing for Timmy at the mo ;D

Hahahahaha think your right

vow · Feb 17, 2017

Regarding the OP, just wondering what the harm it could do naming both?

rob9872 · Feb 17, 2017

It's not so much harm as simply if you get it wrong it will be challenged and kicked out resulting in costs you can't get back. Even something as silly as Ltd versus Limited or a spelling mistake can be counted as incorrect and a good solicitor would be able to reject.

Small Claims Court action. (1 Viewer)

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