claim against sole trader / limited company

davidmcn

anrgy.customer wrote: »

I haven't read anywhere that there are obligations about making the limited (or equivalent) term explicit.

That's the whole point of putting "limited" at the end of limited liability company names, and making it compulsory for them to put the company details on all their stationery etc. And in any event, he can hardly claim you entered into a contract with a company if you had never heard about it. If you're contracting with somebody who appears to be a sole trader then you're entitled to assume they have unlimited liability.

(of course, he might not have any money anyway!)

J_B

I am a co-director of a limited company.

Both of us ALSO work individually on a self employed basis.
If someone has a claim against me for something I've done as a self employed individual, it is nothing to do with my limited company.


Ignore his company, go for the individual.

Ectophile

Under the Companies Act, any promotional information, quotations, web sites, etc. for a company must include:

• The full company name
• The company's registered address
• The company's registration number.

Invoices are a bit different, but must still identify the name of the company and its address.


If the paperwork you have doesn't include that information, then your contract can't have been with the company. So sue the proprietor personally instead.

steampowered

Just wait and see if he defends the case.

If he doesn't enter a defence in time, a default judgment will be awarded, meaning that he has a CCJ against him personally.

Lomast

J_B wrote: »

I am a co-director of a limited company.

Both of us work individually on a self employed basis.
If someone has a claim against me for something I've done as a self employed individual, it is nothing to do with my limited company.


Ignore his company, go for the individual.

I think you have seriously misunderstood how a ltd company works if you are invoicing through the limited company then the company is the legal entity liable for the contract not you as an individual.

Unless of course you mean you have a ltd company for some work but other work you do as self employed in which case they would be seperate.

davidmcn

Lomast wrote: »

Unless of course you mean you have a ltd company for some work but other work you do as self employed

That was my reading of what they meant.

J_B

J_B wrote: »

I am a co-director of a limited company.

Both of us ALSO work individually on a self employed basis.
If someone has a claim against me for something I've done as a self employed individual, it is nothing to do with my limited company.


Ignore his company, go for the individual.

Lomast wrote: »

I think you have seriously misunderstood how a ltd company works if you are invoicing through the limited company then the company is the legal entity liable for the contract not you as an individual.

Unless of course you mean you have a ltd company for some work but other work you do as self employed in which case they would be seperate.

Sorry, I have amended my post above and the 2nd part of your assumption is correct.