Legal issues
Important issues include the trader's correct personal and trading name, address, contractual liability, the Debt Claims Protocol timetable, interest, limitation and later enforcement against personal assets.
Evidence that matters
Keep the contract, invoices, order records, proof of performance, trading name information, correspondence and any payment proposals or admissions.
Reasonable lines of enquiry
Confirm the contracting party from the agreement, invoices, bank details and correspondence rather than assuming a trading name identifies the legal debtor. Check Companies House to exclude a limited company with a similar name, verify the individual's current address and identify whether the debt is disputed.
Because the Debt Claims Protocol applies to a business creditor pursuing an individual including a sole trader, build the required information and documents into the pre-action process from the outset.
What happens next
The Protocol letter is served with the required information. If the matter does not resolve after the Protocol process, a money claim may be issued against the individual using the correct legal name and trading description.
Immediate steps
Confirm that the debtor truly trades as a sole trader rather than through a limited company. The wrong assumption can lead to pursuing the wrong legal person.
What should you send us?
Send the invoices, contract, trading name, individual's name and address, correspondence and evidence identifying the contracting party.