Help cowboy DPC specialist trading in pseudonyms

Amy_copley

Hello, I’m new here and desperately seeking advice. I want to take a cow boy damp proof specialist through the small claims court process. A surveyor has reported on his work and has agreed the work is way below substandard so much so has now lost me my tennant and left me now having to pay an additional 4,000 for a new DPC and repair work.
My issue is the damp proof specialist seems to trade in pseudonyms and has recently moved address so I have no way of contacting him. Am I now at a loss because he is uncontactable probably taking other people’s money in a new company name?

Aylesbury_Duck

How do you know he trades under alternate names? If you have some of the prior names and contact details, masquerade as a potential new customer to get his latest details.

unholyangel

Is he a limited company registered with companies house? Or LLP?

If he's a limited company and contracted with you as that company then you claim against that company and its limited to business assets.

If he isn't a limited company or didn't contract with you as a limited company, then its the individual you want to claim against.

Trading name is irrelevant - assuming you mean "trading as" and not trading via limited company.

Amy_copley

His previous company was Wall tie, this company I believe is no longer trading - a different specialist said that the person is renowned for setting up companies and pseudonyms and the ceasing trading. I don’t know if he has a new company or not... but he doesn’t live at the address he gave me now so I’m thinking I’m at a loss for trying to Claim anything as I don’t know where he is.
I know his name and previous address but that’s it.

Amy_copley

I can’t find his business on a search through a database that citizens advice suggested and for small claims i believe the person still needs to be trading I just wanted advice to see if there was any other way to hold people to account ..

davidmcn

Amy_copley wrote: »

His previous company was Wall tie, this company I believe is no longer trading - a different specialist said that the person is renowned for setting up companies and pseudonyms and the ceasing trading. I don’t know if he has a new company or not... but he doesn’t live at the address he gave me now so I’m thinking I’m at a loss for trying to Claim anything as I don’t know where he is.
I know his name and previous address but that’s it.

When you say "companies", do you actually mean limited companies or just a trading name for a sole trader? If it's an individual you can pursue Joe Bloggs no matter what name he has or had on the side of his van, and whether or not he's still trading at all, assuming you can find him (a tracing agent might help here).

Amy_copley

Thank you, I’m clearly not clued up on this.
He is a sole trader I presume, my guarantee from him looks entirely worthless and isn’t backed up with insurance.
I have his name and previous address.. I just didn’t know how to start a process to make a claim towards him as I’d read you can only make a claim if they are still trading.. I don’t know if he’s trading or not but they guy who came and surveyed my property openly told me his is known for setting up “companies” under pseudonyms...
I’ll look into a tracing agent, thank you!

unholyangel

Amy_copley wrote: »

Thank you, I’m clearly not clued up on this.
He is a sole trader I presume, my guarantee from him looks entirely worthless and isn’t backed up with insurance.
I have his name and previous address.. I just didn’t know how to start a process to make a claim towards him as I’d read you can only make a claim if they are still trading.. I don’t know if he’s trading or not but they guy who came and surveyed my property openly told me his is known for setting up “companies” under pseudonyms...
I’ll look into a tracing agent, thank you!

Even if he was a limited company, if it still exists (hasn't been dissolved) then it can still be pursued legally - even if it hasn't been trading. Limited means liability for their breach of contract is limited to business assets. When a company is dissolved, it ceases to exist and its liability dies with the company.

Do a search for his company/trading names on companies house. If its not registered there then he is most likely a sole trading using trading names and so can be pursued legally as an individual.