Issuing a CCJ against individual or company

[jond0n]

Hi I'm in a sticky situation here. Basically I was sold some t-shirts of a low standard, I sent them back and he said he'd refund me - it's been 3 months of constant lies and rubbish an no refund. I want to issue a CCJ (County court judgement).

 

The only thing is, everything has been done via FaceBook messages with the company page - they're not a registered company LTD, although they do refer to themselves as a company, they havea trading adress but no where on their website or invoices have they said they're apart of any group or trading as a company.

 

Shall I issue the CCJ against him? Please help.

[BazzaS]

Hi I'm in a sticky situation here. Basically I was sold some t-shirts of a low standard, I sent them back and he said he'd refund me - it's been 3 months of constant lies and rubbish an no refund. I want to issue a CCJ (County court judgement).

 

The only thing is, everything has been done via FaceBook messages with the company page - they're not a registered company LTD, although they do refer to themselves as a company, they havea trading adress but no where on their website or invoices have they said they're apart of any group or trading as a company.

 

Shall I issue the CCJ against him? Please help.

 

It can be a company without it being a limited company .... It just means the company owner(s) can't claim limited liability for the company's actions.

 

Issue the court claim against the company. You can't issue a CCJ only a claim, if they don't pay up and the court agrees with your claim, the court issues the CCJ.

[jond0n]

It can be a company without it being a limited company .... It just means the company owner(s) can't claim limited liability for the company's actions.

 

Issue the court claim against the company. You can't issue a CCJ only a claim, if they don't pay up and the court agrees with your claim, the court issues the CCJ.

 

Thanks for your fast reply. One more thing if you don't mind - I payed via PayPal to the guys wife's account which he told me to do. It's not related to the business can I issue it against her?

 

Also he just text me saying they trade under a limited company. I had no idea, nothing is on their website about this, no leaflets or invoices stating this. Since looking it up it says you need to state clearly that you trade as a company on all documents. This was not done and I have never seen or heard of this before.

[BazzaS]

Thanks for your fast reply. One more thing if you don't mind - I payed via PayPal to the guys wife's account which he told me to do. It's not related to the business can I issue it against her?

 

Also he just text me saying they trade under a limited company. I had no idea, nothing is on their website about this, no leaflets or invoices stating this. Since looking it up it says you need to state clearly that you trade as a company on all documents. This was not done and I have never seen or heard of this before.

 

Difficult for them to claim you were dealing with the limited company if

a) you paid to the wife's PayPal account UNLESS this is a business account

b) none of the paperwork shows it as a limited company.

 

I'd normally say do a PayPal dispute, but at 3 months down the line I suspect you'll be out of time to do so.

[jond0n]

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Difficult for them to claim you were dealing with the limited company if

a) you paid to the wife's PayPal account UNLESS this is a business account

b) none of the paperwork shows it as a limited company.

 

I'd normally say do a PayPal dispute, but at 3 months down the line I suspect you'll be out of time to do so.

 

Brillaint - again thanks for your useful information!

1) It was an unverified PayPal account which and personal.

2) Nope nothing on their website either the order confimration only contained an email and their address nothing about a buisness.

 

Do you recconemnd taking the case again the name of their unregistered company - The Merch Factory?

 

EDIT - Unfortunately with PayPal I elft it too later as it's more than 45 days old.

[Ganymede]

If not a limited company then I would issue against Mr Joe Bloggs trading as The Merch Factory.

 

I would not involve the wife. Just because he used her PayPal account doesn't make her part of the contract IMO.