Small claim against Sole Trader

Theagg

When filling in the online form in the section detailing who the claim is being made against, would there be any reason to select the 'individual' option, as opposed to the 'Sole Trader- trading as' option. Asking as if the trader liquidated their business etc, would that then cause problems with the claim ? Not sure as I seem to recall reading somewhere else on this forum a while back that it's best to claim against them as an individual ?

Jenni_D

Sole Trader is essentially the same as an individual .. the named person is personally liable (if found against), and personal assets can be seized in enforcement of a judgment.

I think you may be confusing Sole Trader with Limited Company (LTD, PLC) as the Limited refers to limit of liability.

Theagg

Jenni_D said:

Sole Trader is essentially the same as an individual .. the named person is personally liable (if found against), and personal assets can be seized in enforcement of a judgment.

I think you may be confusing Sole Trader with Limited Company (LTD, PLC) as the Limited refers to limit of liability.

Thanks, I thought this was probably the case, not least since in the details, the individuals name is required as well. Good to get that clarified though

macman

You can claim against anyone, they neither have to be a limited company nor a sole trader. In which case they would just be an individual.

Jenni_D

True - but for a claim to have a reasonable chance of success then you need to ensure you claim against the right party.  

TripleH

Who did you enter into a contract with?

Who is listed on any quote or invoice you received?

If all your paperwork and communication is with Dodgy Cowboy Builders limited, you'd struggle to claim against Dishonest Jim the director if you went on the Companies House website and found his information.

The matter changes if the company is insolvent or has been struck off but then dates are key.