Small Claims Court

arcon5

There's an article on the sheriffs website which explains why it's important to name the individual, not just the trading as name. The reasons it gives apply to not just the sheriffs office, but could cause problems if using bailiffs also. Or if enforcing by way of AOE or something it would make it much easier.

http://thesheriffsoffice.com/articles/suing_a_trading_as_business

And

http://thesheriffsoffice.com/articles/have_you_sued_the_right_person

patman99

Update :-

Submitted all the required documents to both the Court & the defendants in the required time. The defendants however, have not. So the Judge may well look less favuorably on them.

One good thing. If the car seller ends-up with no assets to seize, then his co-defendant certainly does.

Westmead_Fan

His trading name is his personal name.

One good thing. If the car seller ends-up with no assets to seize, then his co-defendant certainly does.

have you put 1 name down? is it a sole trader of ltd company?

londonTiger

we have sheriffs here?? learn something new every day.

Must be a pretty nice job title to have for a pen pusher.

patman99

The guy selling cars uses his own name.
The co-defendant is the business who own the site. They also run (under their name) an MOT bay & repair shop. This is not a Limited Company.

fivetide

Good thread patman99. Nice to see someone reporting on the sort of issues that come up here all the time.

Best of luck!

spacey2012

Then your papers need to say similar to : FRED BLOGS Trading as Fred Blogs dodgy car dealers SOLE TRADER.
This makes sure it is correctly attached.
Get it wrong and you get nothing.

Hintza

londonTiger wrote: »

we have sheriffs here?? learn something new every day.

Must be a pretty nice job title to have for a pen pusher.

In Scotland we have Sheriff Courts serving a sheriff court district within a Sheriffdom presided over by a Sheriff.

So you see there is more to life in the UK than just London, I know you will find that hard to believe, but it's true. :rotfl:

patman99

fivetide wrote: »

Good thread patman99. Nice to see someone reporting on the sort of issues that come up here all the time.

Best of luck!

The biggest hassle believe it or not, is the HMCS itself. In the forms they sent out were details of the 'Courts Mediation Service'. All well & good, but the phone number was no longer in use & the service was no longer in operation. Got referred to the local mediation service who only provided free mediation for family/divorce cases.

There were also other minor errors within the paperwork (mainly spelling/grammatical errors). They expect us to get everything right, but fail on the basics themselves.

I have started a Hub on my experiences so far as well.

patman99

Hintza wrote: »

In Scotland we have Sheriff Courts serving a sheriff court district within a Sheriffdom presided over by a Sheriff.

So you see there is more to life in the UK than just London, I know you will find that hard to believe, but it's true. :rotfl:

Sheriffdoms?. Sounds more like the Wild West than part of the UK.