Ltd company small claims query

[Prunella79]

having just crumpled into a pile of tears i thought maybe MN could help.
i don't know where to turn and just need a small piece of advice that i thought would be straight forward.

i'm a self employed seamstress and make very little but my main client has shut up shop while still owing me 2k. i've been too nice - being understanding about his cashflow - thinking that i could trust him to pay in installments.

so now if i can track him down i need to make a small claims action BUT he sneakily registered as a Ltd company last year but didn't mention it, didn't change his letterheads/name of the business on any documentation - which i'm sure you have to do. and he's never filed any accounts with companies house so my question is.....

do i claim against the individual (trading as business name) or the Ltd company? if he's never officially traded under the Ltd company.

(i have no contract)

the CAB can't help as it's business related (they've done what they can though - they're great)
Business Debtline put me onto Lawyers for your business as i can't afford a solicitor but i've called a number of the firms on my list but they're not returnong my calls - i guess i'm too small fry to be worthwhile.

any suggestions welcomed, thank you

[prh47bridge]

You may not have a written contract but there is a contract. The question is whether your contract is with him or his company. If he didn't tell you about the change your contract is with him so you claim against him. If he tries to get out of it by saying you should have claimed against the company you can point out that, not only did he fail to notify you of the change, he failed to put the required information on his letterheads (company name, registration number, place of registration, registered office).

[Prunella79]

thanks prh that's what i was hoping to hear, don't want to process a claim only to find i've made it out to the wrong person.
these kind of things always fret me, it's so nice to have a sounding board in MN, really appreciate the help.

[mumblechum1]

Agree with prh.

[Collaborate]

Ditto

[Prunella79]

the claim form only offers 2 options of who to claim against - an individual or an organisation.
this raises a dilemma - i have invoiced to the company name (not Ltd company name) not the individual's name who ran the company, i do not believe the business is still trading (certainly not from it's business address).
If i claim against the company can he claim it doesn't exist? - it hasn't gone into administration - just ceased to trade as far as i know.
or as he was the sole trader associated with the company should i claim against his name or his company name which will revert to him?

[mumblechum1]

I'd do it as Mr x trading as xxx.

[prh47bridge]

Agree with mumblechum.

[Prunella79]

thanks all, i've pressed the button, claim is in process.

[Prunella79]

*with the 'trading as' as suggested