CCJ issued to trader

Jmoo

Hello

I had some guttering installed last year and it turned out not to be fit for purpose. The trader stopped responding to my calls and messages after payment, and consequently I had to get it reinstalled by another company. The online civil money claims court has now issued a CCJ for £432 after they failed to reply - their second in recent years.

I'm now unsure how to proceed. I am pretty sure they have now moved out of their home, so it doesn't seem productive sending around a baliff, and they don't list their new address online.

I have looked at a third party debt order which seems sensible given I have their bank information, but it talks about legal representatives and I'm not clear about filling it in (what's a fee account number or Appn. no?). Do I need legal advice?

And will it be possible if the CCJ is in the company's name as well as the sole trader, and the bank is in the company's name, will it still be possible? I read that if not everybody owes money you can't claim - but I am sure he is the sole person involved.

Some documentation mentioned going to court if it is challenged - is that extra expense?

Any help appreciated.

user1977

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is probably just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

ETA I see you got similar advice on your previous thread, but you never came back to that...

https://forums.moneysavingexpert.com/discussion/6415666/considering-small-claims-court#latest

Alderbank

user1977 said:

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

The OP has started, and abandoned, earlier threads about this issue. The earlier threads contain lots of information and photographs.

Jmoo, new threads do not automatically connect with earlier threads.
You would be better to continue one of your earlier threads rather than start another new one.

fatbelly

If the CCJ is in the company's name and the bank is in the company's name, that would seem to be worth a go. Of course if there is no money in that account...

Jmoo

user1977 said:

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is probably just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

ETA I see you got similar advice on your previous thread, but you never came back to that...

https://forums.moneysavingexpert.com/discussion/6415666/considering-small-claims-court#latest

Apologies it's a self employed trader. The CCJ is in Joe Bloggs T/A Roofy McRoofface (made up name obviously). 

tightauldgit

Jmoo said:

user1977 said:

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is probably just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

ETA I see you got similar advice on your previous thread, but you never came back to that...

https://forums.moneysavingexpert.com/discussion/6415666/considering-small-claims-court#latest

Apologies it's a self employed trader. The CCJ is in Joe Bloggs T/A Roofy McRoofface (made up name obviously). 

If they are a sole trader then why are you asking about the 'company name' for the bank etc when there is no company?

DullGreyGuy

Jmoo said:

user1977 said:

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is probably just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

ETA I see you got similar advice on your previous thread, but you never came back to that...

https://forums.moneysavingexpert.com/discussion/6415666/considering-small-claims-court#latest

Apologies it's a self employed trader. The CCJ is in Joe Bloggs T/A Roofy McRoofface (made up name obviously). 

Then there is only the sole trader to go after, the bank account will have to be in his name though it may well have any trading styles they use registered to be able to accept cheques made payable to the trading style. 

He cannot open an account in the name of 'Roofy McRoofface' if it's a trading style and not a registered company. If it were a registered company then it is a separate legal entity and you cannot pursue it for the monies if you contracted with the sole trader and your CCJ is against the sole trader so again couldn't be actioned against another entity.

sheramber

tightauldgit said:

Jmoo said:

user1977 said:

What do you mean by "company" here? A limited company? Who is the CCJ against? "Joe Bloggs", "Joe Bloggs Guttering" [which legally is probably just Joe Bloggs] or "Joe Bloggs Guttering Limited"?

ETA I see you got similar advice on your previous thread, but you never came back to that...

https://forums.moneysavingexpert.com/discussion/6415666/considering-small-claims-court#latest

Apologies it's a self employed trader. The CCJ is in Joe Bloggs T/A Roofy McRoofface (made up name obviously). 

If they are a sole trader then why are you asking about the 'company name' for the bank etc when there is no company?

It is common for people to refer to any business as  'the company'.

sheramber

My husband's business bank account was in the name of the business.

DullGreyGuy

sheramber said:

My husband's business bank account was in the name of the business.

And...?

Were they a sole trader or a registered company?

A bank account has to be in the name of a legal entity, for a sole trader that is the name of the trader. In addition to having the legal entity named you can also add trading names for the purposes of accepting cheques etc.

Naturally you can also include any names you want in the address

sheramber

it was a partnership, not a registered company. 

The business name was the only name on the account, not X/Y trading as.