Issuing a Court Claim

[Jamesx81x]

Hi guys

 

When you are issuing a court claim against a company using a trading name do you issue the claim against the parent company?

 

Thanks

[AndyOrch]

You will need the full address of the individual or firm you are suing. If you are suing a limited company, you will need to claim against the company, not the owner(s). You should send the claim form to its registered office or to the address of the shop you have done business with.

 

If you want details of the registered office, you can obtain this by telephoning Companies House

on 0303 1234 500, or by looking on their website at :-

 

http://www.companieshouse.gov.uk

[steampowered]

Hi, you need to claim against the company who you have a contract with (or who committed the unlawful act).

 

Parent companies are not normally liable for the actions of their subsidiaries. There are only a few situations in which you can sue the parent company - you shouldn't go down this road unless there is a very good reason.

[Jamesx81x]

Thats the thing I do not have a contract with anyone.

 

I have been receiving letters from a debt company called SLL Capital who are a trading name of Safeloans Ltd for a debt of over £2000 in relation to some company called the Cash Store.

 

I have never taken out a loan with them and even after informing them of this they persist in harassing me. I have asked for proof to which I know they do not have any is its impossible but have gone through the motions.

 

Giving them one last chance and informing them I will take legal action they have still sent me letters so enough is enough.

 

Thats why I was wondering who i address the claim to and would it be harassment considering I do not owe this debt?

 

Thanks for the help

[steampowered]

A trading name is not an independent company. The company is Safeloans Ltd so address the letter to them. Good luck!

[Jamesx81x]

Thanks

 

If you are just claiming costs incurred, time spent on emails, letters etc is that the amount you place in the amount claimed section?

[Ganymede]

On the Court forms you should name them as Safeloans Ltd T/A SSL Capital.

 

What exactly are you wanting to sue them for?

[Ganymede]

Wait actually ignore what I said as you told us SSL Capital was a trading name but a quick Companies House search shows SSL Capital Ltd as an independent legal entity.

[Jamesx81x]

They keep sending me letters regarding a debt of over £2000 with a company I have never taken out a loan with.

 

Even after numerous communications saying a I do not owe this money and asking them to prove it in which the reply I got was the agreements were damaged in a flood which seen I have never had one they keep harassing me.

 

I wish to start a claim using money claim online to put an end to this and just wanted to clarify a few things:

 

Is it SLL Capital I list or Safeloand LTD t/a SLL Capital

 

When it asks me how much I am claiming would I put my costs incurred dealing with this in that section

 

Finally would I be able to use the Harrasment Act due to the unwarranted and unwanted letters and emails.

 

Thanks in advance for any help.

[steampowered]

I've flagged your post for the attention of other site team members, bear with us for a day or two

[steampowered]

You could try to claim under s3 Protection from Harassment Act 1977 (http://www.legislation.gov.uk/ukpga/1997/40/contents). Have a good read of http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html and http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html.

 

The Annex of the Ferguson case has an example Particulars of Claim. This will help you see the kind of level and consistency of threatening letters which might be seen harassment. You should only claim if this has been happening over a very long period of time and you have properly tried to engage with them (and have kept the evidence to prove it).

 

We'd need to know how serious this has all been to comment on the appropriate amount. The Roberts case will give you some guidance - 7.5k for 547 calls over just over a year where the customer had asked the bank to stop. I'd certainly claim less than 10k to try and keep this small claims track.

[Jamesx81x]

Thanks ill read up

 

No wouldnt class it as a serious breach standard letters and emails but unwarranted and unwanted.

 

When they choose to ignore then left with no option.

[havinastella]

You have a claim against NOTHING!

[steampowered]

A few standard letters and emails isn't enough to count as harassment. To claim it would need to be many repeated letters and calls over a long period of time. If you try to bring a harassment claim which isn't justified you may have to end up paying their legal costs.

[SabreSheep]

Letter marked FORMAL COMPLAINT to their head office stating that you do not owe the debt etc and that they have no right to be processing your data and to remove it at once.

No contract, no right to process your personal data. Mention that you will only communicate via Post. Mention Harassement etc.

Complain to the ICO (It may or may not do anything)

 

Wait for their final responce, then issue a LETTER BEFORE ACTION

 

Then a letter to the FCA and FOS

 

Keep proof of postage and where possible delivery for all letters for later use.

[Jamesx81x]

Yeah thanks for your so helpful comment stella can see why your part of the site team here

 

Should i just put up with people demanding money they have no legal entitlement to and threatening me with defaults on my file when i dont even owe the money? What kind of legal system even allows that?

 

For the rest of you that gave constructive advice thank you!