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xxxx111xx ltd trading as......

xxxx111xx ltd trading as......

Postby woodchip35 » Wed Apr 09, 2014 9:19 pm

what is the position when you have done business with what appears to be a sole trading company xxxxx, and they won't advise if intact this is the trading name of xxxx11xx ltd,

all invoices and websites simply state xxxxx, even if when suing them and they then say oh this is the trading name only, will that be allowed?
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Re: xxxx111xx ltd trading as......

Postby atticus » Wed Apr 09, 2014 9:55 pm

There are requirements in the Companies Act to disclose the full company name on all official documents. That excuse does not wash. You will have to work through the companies Act and related regulations to find the detail, but in the meantime:

http://www.companieshouse.gov.uk/infoAn ... ures.shtml
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Re: xxxx111xx ltd trading as......

Postby Millbrook2 » Thu Apr 10, 2014 10:44 am

I had a similar occurance and the judge refused to accept that the 'sole trader' I thought I was dealing with was a ltd company. Your position is that the legislation puts the onus on the company to clearly identify itself as ltd because this gives them certain protections. They cannot if failing to make that status clear to you then seek to use the protection of a ltd company in subsequent litigation.
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Re: xxxx111xx ltd trading as......

Postby Genie » Mon Apr 14, 2014 10:36 pm

The difficulty you will face should you want to issue a claim is who you name as defendant. The court should insist upon you naming either "Joe Bloggs t/a abc" or " JB Limited t/a abc". The courts shouldn't allow you to specify "abc" only as the defendant. Even if the court were to make a mistake and allow a claim to be issued against "abc", you will face a problem when you try to enforce any judgment you may obtain,

So if you don't want to sue the company (presumably because of a concern about solvency / ability to pay the debt) who / what are you going to specify? Who did you believe you were contracting with?
Nothing in my posts should be relied upon as legal advice, only general comment. For tips on small claims visit http://www.smallclaimscourtgenie.co.uk.
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