Hello,
When using Money Claims Online should a sole trader make a claim as an Individual or as an Organisation, as far as I can see it does not matter, after all the organisation and individual are one and the same in the eyes of the law.
Any thoughts?
Thanks!
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As an individual, although you should include any trading style which the other side may know you as.
So if you were Mr Cheddar, trading as Cheddar Technologies, put that on the form.
The point here is the other party must know exactly who is making a claim against them.
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>> So if you were Mr Cheddar, trading as Cheddar Technologies, put that on the form.
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Though there is no where to do that on the online form.
EDIT: Thanks both!
Last edited by: Cheddar on Wed 4 Aug 10 at 18:49
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...Though there is no where to do that on the online form...
I'd be inclined to use the name under which the other party knows you.
For example, if I owe £100 to P S Plumbing Services and I get a claim for £100 from Paul Smith, I could, as a snidey debtor, say I know nothing of him or any debt to him.
It's all hook wriggling nonsense, but if the other party were decent, honest and straightforward, you wouldn't be making the claim.
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They know me by name and by trading name quite clearly though claiming as an organisation allows you to put contact name and organisation as separate fields thus avoiding confusion.
You reckon it should be as an individual though?
As I say legally in the eyes of the law a indivdual trading as a sole trader and his/her organisation / trading style are one and the same.
Thanks.
Last edited by: Cheddar on Wed 4 Aug 10 at 18:56
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...claiming as an organisation allows you to put contact name and organisation as separate fields thus avoiding confusion...
I'd be tempted to claim as an 'organisation' just to get both your name and trading name on the form.
You say they know you as both, so there shouldn't be any confusion.
If your trading name appears on your invoice to them, then that trading name must appear on the form, and if you have to call yourself an 'organisation' to achieve that, so be it.
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Thanks IIH, so that I will do!
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...Thanks IIH, so that I will do!...
Good luck with it.
Hopefully Bromptonaut is keeping a wary eye on the thread - he's the man who really knows the ins and outs of the county court.
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It is actually very confusing and upon submission some anomalies have occured, I have emailed MCOL asking for them to be corrected.
For instance there is a box that says “Daily rate of interest up to the date of judgment (%):” with a note saying “This should be entered as an amount. Please ignore the % sign on the screen.”
I want to claim, say, 0.1% per day so I calculated this to be, say, £2.50 and entered this as an amount as requested however upon submitting the claim a paragraph was added to the Particulars of Claim saying “The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from XX/XX/2010 to XX/XX/2010 of £XXXX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 2.50%.”
I.e. the amount in the “Daily rate of interest ” should have been a % afterall !!! ...
... so why does it say “This should be entered as an amount. Please ignore the % sign on the screen.”?
Uuuuuuuugh!!!
Thanks all.
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...Daily rate of interest up to the date of judgment...
If this ever comes to court, I wouldn't be inclined to push the interest charge, unless you feel strongly about it.
A judge will be more impressed by an honest supplier who just wants his bill paid, rather than by someone who might (wrongly) seem to be looking to profit from the situation.
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as a sole trader you are an individual and not a partnership or an organisation so there you go
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Urgent Money Claims Online question - Iffy
