Hello my name is ***** ***** I will help you with this.
Was it Ltd company?
No, it was a sole trader.
Did you sell the business name with the business?
We sold the business as a running business. As far as I am aware, the business name was not mentioned anywhere on the paperwork.
Ok, you can get a Solicitor to write them a letter, outline what was said and ask them to stop or say you will go to Court.
If they refuse then you can issue proceedings.
You would need to use form N1
You would be asking the Court for an Order that they do not and cease to use your name
If the Court grants the injunction and they breach it, then they would be in contempt of Court. They could be warned, fined or sent to prison
If the matter is contested the Judge will give directions for trial and decide whether an interim order is required
Can I clarify anything for you about this today please?
How would I determine whether the business name was included in the sale ? Could I ask the solicitor who acted on our behalf ?
Yes you can ask.
Can I clarify anything else for you?
No. You have been a great help. Now I know that I might have a "leg to stand on." Thanks.
Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screem
If you need more help please click reply
Just one more thing. Does it matter that our other business does not trade under the same name. This business does not include our surname in the business name.