Small Claim Against A Person Trading As A False Company

[VMAS]

I undertook work for an individual who provided me with a ltd company name that didn't exist. I have not been paid. Under what law can I pursue him as an individual

[boxtops]

small claims court, against him personally?

[Old_Jim]

Don't worry about statute law. This is plain old common law fraud. He lied to you in order to obtain a financial advantage. Write to him first setting out how much money he owes you and saying that you will take legal action if you are not paid within 7 days.

Set out all the details on a sheet of paper - preferably in date order with numbered paragraphs. Take that to your local County Court office along with a copy of your letter, and the clerk will explain how to complete an "order to pay".

Mind you, if he makes a habit of this and doesn't care about County Court Judgements, he'll simply ignore you and the court.

[Buenchico]

Old_Jim obviously likes to do things the old-fashioned way. Most people would now claim online:
https://www.moneyclaim.gov.uk/web/mcol/welcome
(It's usually quicker and cheaper).

You should note however that no court is likely to make a judgement in your favour unless you have first sent a formal written demand to the debtor, and that demand has then been ignored.

Your demand must show:
(a) your name and address ;
(b) the name and address of the debtor ;
(c) the date of the demand ;
(d) a clear statement of the amount demanded, together with the reason for the demand ;
(e) an indication that, if payment is not received within a defined period of time (I suggest 21 days) legal action will be commenced against the debtor.
The letter should preferably be sent by Recorded Delivery, so that you will be able to prove to a court when it was sent (and that it was received).

See here for further information about the claims process (including, in Section 6, the steps for enforcing a Court Order if the debtor ignores it):
https://www.gov.uk/make-court-claim-for-money/overview

[Peter Pedant]

In Manc all claims have to be started online
MCOL- money claims on line

not difficult to use- and sue him personally

[Eve]

Are you sure it's not a limited company outside of the UK?

Sorry Peter, I beg to differ, whether in Manchester or not, you can still start a claim electronically or on paper.

[VMAS]

I am taking the guy to the small claims court. The summons was passed but a minute for recall was submitted and the hearing is in a few days. The defence is that the summons is for the person individually and that he was trading as a ltd company. There for they are claiming he is not personally liable.
The name of the limited company I was asked to invoice, given to me has never been a limited company. There is no ltd company in his emails. His website states a different Lts company but the company registration quoted on the website is for a different limited company which is not named on the website.
I want to know where the law states I can pursue him directly because he has failed to declare the true limited company

[Buenchico]

Unless you tell us the name used by the (so-called) limited company, and preferably provide us with a link to the relevant website, it's unlikely that we'll be able to advise you further.

[FredPuli43]

In any case, he can be sued in person. He is either the servant or agent of a company that exists or he is representing himself to be the agent of a principal which does not exist. You dealt with him person to person. If this company exists he can always join it as a party to the action ! I don't think he will, somehow :)