Ebay trader trading as an illegitimate company
An individual traded on Ebay under a company name, e.g. NewCo. I bought an item from NewCo, it never arrived so I chased it up. NewCo subsequently denied ever having received my money, which was a cheque. I recovered a copy of the paid cheque from my bank, still NewCo wouldn’t send my item.
As a result I took NewCo to the county court using the small claims track. They never replied to the court documents, so I won the case by default. I then discovered that NewCo had disappeared from their premises. I checked with Companies House and discovered that they had never been registered as a company.
I know where the owner of NewCo lives. In view of the above I wondered whether I could issue proceedings against him for fraud under the Fraud Act 2006, the Theft Act 1996 and breaching The Companies Act, in respect of his business having a trading name of NewCo having to be a separate legal entity from him.
Could anyone advise please?
Thanks
TC
The answer to this question
The answer to this question does depend upon the identity of he legal person with whom you contracted.
From what you have said it does not appear that New Co was a limited company since it was not registered at Companies House. Also you do not refer to this company as having the letters "ltd" after it's name..
That being so the legal person you are seeking is an individual "trading as New Co".
Therefore it seems to me that the judgement you have can be enforced against that individual.