Filing a small claim

KitchenNightmare

I'm taking my kitchen company to court and sent two letters before action to the address I had for them (registered and signed for). But it appears they have several names and at least two addresses. Do I file my claim to the company name and address I sentmy letters to, or the 'head office'? Neither name is listed on Companies House.... Have I had that then?!
(I did call MCOL customer service but they weren't much help - kept telling me they could not give legal advice!)

Crazy_Jamie

There are two different issues here; the name of the Defendant, and the proper address for service. Obviously you need to do your best to get both right.

Assuming that the company in question is incorporated, you are effectively looking for the name of the registered company, which should appear on Companies House. I would check either the written contract that you have with them or any invoice or other official documentation that you have received from them. Those may well give you a better idea as to the correct name of the Defendant. If you are genuinely unsure as to the Defendant's correct name, you could always start the claim with the name that you think is the most likely correct one. Providing you get the correct address for service (which I'll come on to in a second), it generally shouldn't be a major issue to change the name of the Defendant further down the line.

In terms of the address, guidance as to the correct address for service can be found at CPR r.6.9 (click here). Basically when it comes to a company the correct address is either the principal office of the company, or any address where the company carries on its activities or has a real connection with the claim. I suspect the address that you have been writing to thus far will therefore suffice, but ultimately it's difficult to get that one wrong.

Ectophile

You need to check if the "company" is actually a company at all, or is just a person with a trading name.

All companies must be registered at companies house. They must include their registration number and registered address on all official communications (such as quotes or invoices). If there is no company, then it's the person running the outfit that you go after - you sue them personally.

unholyangel

Ectophile wrote: »

You need to check if the "company" is actually a company at all, or is just a person with a trading name.

All companies must be registered at companies house. They must include their registration number and registered address on all official communications (such as quotes or invoices). If there is no company, then it's the person running the outfit that you go after - you sue them personally.

Not all companies need to be registered at companies house - just limited companies.

hollydays

Is i it any of the people named here?
http://www.manchestereveningnews.co.uk/news/kitchen-trial-oldham-maple-shoddy-10363345

KitchenNightmare

hollydays wrote: »

Is i it any of the people named here?
http://www.manchestereveningnews.co.uk/news/kitchen-trial-oldham-maple-shoddy-10363345

Yes! Indeed it is! I'm glad some of them will finally get their comeuppance.