Which entity to name as defendant?

[Crocus]

Cannot get a clear answer on this query out of the CAB.

We made a purchase through a website, which appeared to be the company name as payments had to be sent to the same name at a postal address.

However all payments had to be by cheque made out to Mr B.
All verbal and written correspondence was with Miss A.

We now going to court over a breach of contract but it is not clear who should be named.

"company name" is not registered as a limited company though comes up on things like upmystreet and ukbiz as a company so presume it is a trading name.

Therefore defendant would be Mr B and Miss A trading as "company name" (a firm).

However a search has found that Mr B and Miss A and Miss C (a family) are directors of Limited Company, its activities being those which we purchased.

The limited company was not listed in any of the literature or website (no T&C) that we used or were provided with and likewise the trading name is not listed in the limited company information.

Any ideas much appreciated don't want to lose the court fees on a technicality. thanks a lot

 

[akirk]

if you have a breach of contract then the contract should have the name in it.
if not a Ltd. Co. then it will be the individual(s) trading as xyz, so they are the ones to pursue.

If it is the ltd. co then that should be specified on the website (as should the 'trading as') so if it is not on there - trading standards may be interested, and may be able to clear it up for you.

My fall back position would be to say that you name the individuals and if they feel it is not them they will soon tell you

Alasdair

 

[Judge's Demand]

Hi there,

I would definately suggest that you issue against the individuals if there was no mention of the limited company in any of your dealngs.