What to keep in mind when issuing a debt recovery claim


The correct wording for most of the various categories of defendant is as follows:

An individual

You should put the surname and if possible all forenames, but failing this as many forenames as you can. You should also put the style by which the person is known (Mr, Mrs, Miss, Dr, Rev, etc). Examples are:

The address to put is normally the home residential address.

A sole trader

The full name and style should be given, as for an individual. If there is a trading name, this should be given following the words 'trading as'. An example is:

It is normal to specify a business address if there is one, but a residential address may be used.

A partnership

The term for a partnership is 'a firm'. It sounds rather sinister but it is the correct term. The full name of the partnership should be given followed by the words 'a firm'. It is not necessary to name any or all of the partners. Examples are:

It is normal to specify a major place of business if there is one, but the residential address of any partner may be used.

A company registered in England and Wales

The exact registered name of the company should be entered. There are more than 1,500,000 such companies, which shows the importance of getting it exactly right. A private limited company's name ends with the word 'Limited' or the abbreviation 'Ltd'. A public company's name ends with 'Public Limited Company; or the abbreviation 'PLC'. There are just a few unlimited private companies and their names include neither the word nor the abbreviation. It is not essential or even very common, but to be absolutely sure you can add the company's unique registered number which must by law be shown on its notepaper.

The address can either be the company's registered office or an office that has a connection with the claim. There are often advantages in picking the company's registered office because a company cannot 'go away' from its registered office, even if in practice that is what it does do. All companies have a registered office.

A company registered overseas

The exact registered name of the company should be entered. If the company is registered at Companies House as an 'oversea company', it will have a registered address in Britain and this address should be used. Probably surprisingly, 'oversea company' is the correct legal term and there has not been a spelling mistake. Norway, for example, is only over one sea. If the oversea company is not registered at Companies House, a place of business having a significant connection with the claim should be used.

A club or other unincorporated body

You should put 'sued on behalf of' following the name of the person concerned. The following hypothetical example may exercise the imagination of people who enjoy the poems of John Betjeman:

A corporation (other than a company)

The full exact name should be stated. For example:

The address should be either the principal office or an office having a significant connection with the claim.

A person acting in a representative capacity

The full name should be given and the phrase 'as the representative of' should be added. An example is:

The above details relate to the correct identification of the defendant. Exactly the same principles are used to correctly identify the claimant.

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Note: This article was sent to us by: Johnny Gardener at 05092010

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