Judges Demand

Do You Know Who You Are Trading With?

Published On: 28th January 2021

We often receive new instructions from Clients or new enquiries from potential new customers who tell us that they are owed a sum of money from a company or that they have even registered a County Court Judgment against a company and require assistance to enforce it.

However, on many occasions we receive the new instruction or enquiry or County Court Judgment and note that the debtor “company” in question is named something along the lines of “Joe Bloggs Consulting”.  

The first thing that we need to then establish is who or what the correct trading name & entity is as it cannot possibly be “Joe Bloggs Consulting”. This company cannot exist as a legal trading entity. It must be either:

  1. Joe Bloggs Consulting Ltd
  2. Joe Bloggs Consulting Ltd trading Joe Bloggs Consulting
  3. Mr Joe Bloggs trading as Joe Bloggs Consulting  

So, when we are approached by a potential new customer who says “I have a County Court Judgment against Joe Bloggs Consulting and I want to enforce”. The first thing that we are forced to explain to them is that the County Court Judgment is actually just a piece of paper that is not enforceable as Joe Bloggs Consulting does not exist as legal trading entity.

The same goes for when a new case (without County Court Judgment) is passed to us and the debtor company is listed as “Joe Bloggs Consulting”. We first have to carry out research to establish exactly who our Client traded with, entered in to contract with and possibly paid.

It is extremely important that you know who you are trading with or making payments to at the beginning of any business relationship or trade. If a company invoice or correspondence just says “Joe Bloggs Consulting”, for example, then you must ask questions as to who trades as this company or what their registration number is. Ask for evidence on a letter head or banking evidence. You might feel a little uncomfortable doing this when you are just forming a business relationship but it is necessary in order to avoid complications and potential losses further down the line. Protect your interests at all times!

The Companies Act 2006 (Part 10) is very clear in its regulations regarding disclosure of company name and a link to the same can be found below:

Incorporation and names – GOV.UK (www.gov.uk)

If you are concerned about the identity of any of your customers please do not hesitate to contact us for a no obligation discussion. We are here to help!

**DISCLAIMER, THE NAME JOE BLOGGS CONSULTING & OTHERS USED ABOVE ARE NOT GENUINE COMPANY NAMES AS FAR AS WE ARE AWARE AND HAVE BEEN USED FOR EXAMPLES ONLY**