Judgement against sole trader but they won't pay

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Comments

  • MobileSaver I wish they’d given me that advice over the phone 😢
  • macman
    macman Posts: 53,008
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    But does his business name clearly identify it as him; eg, 'Joe Bloggs Flooring', as opposed to 'Lousy Flooring'? Or did you state 'Joe Bloggs t/a as Lousy Flooring'?
    No free lunch, and no free laptop ;)
  • This is shockingly bad advice!

    A trading name is not a legal entity and therefore a CCJ cannot be enforced against such a thing.
    Slap on the wrist accepted.
    I misread the guidance notes and you are totally correct.

    At least the OP has the CCJ in the name of the trader so as Shaun From Africa pointed out, thee trader can't user the "wrong entity" defence to avoid the debt.
  • Chrysalis
    Chrysalis Posts: 4,140
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    Yeah for sole traders always go after the individual as the entity not the trading name. The downside of been a sole trader is you are personally liable for debts. Which opens you up to things like CCJ's against you.

    Sadly it seems you didnt take advantage of that, I dont know what would be your best move going forward, but I expect as others have said this may not affect his ability to obtain credit, and if it does not he probably doesnt care. You have stated £180 is a lot of money to you which also means further unpaid legal costs in chasing this up will also be a lot of money to you so I would be inclined to agree with dropping it, which I know sucks but sometimes just getting on with your life is the better thing to do.
  • The trading name is his initials with the company type afterwards, eg JB tiling (Joe Bloggs tiling)
  • I have just found out that since my claim went in he has now become a limited company, he is on companies house now. He has sent me an email stating ‘Oh, and my buisness did not exist as far as companies house was concerned at the time of claim. You essentially made a claim to no one’

    I have been repeatedly told by the bailiffs that the address I have provided is a private residential address but I have reiterated time and time again that it’s his business address too, it’s even the address that’s listed on companies house now!
  • hollydays
    hollydays Posts: 19,812
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    Sometime in the future you can add his company name to this thread to warn anyone else who intends to deal with him. I'd suggest you edit the title and put it there
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