Jump to content


  • Tweets

  • Posts

    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

trading name


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5670 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi ! im registered as a self-employed. my question is : how can i change my trading name. i want to trade as name. currently i have another name for my "business" than my own name. thank u !!!

Link to post
Share on other sites

Hello Dock!

 

If you are Self-Employed, you may as well just keep the one main set of Accounts in whatever name you are now using, and then add a Trading Name to that.

 

But changing Business name to your own name is no problem, just tell your bank and HMRC Tax and HMRC VAT (if Registered), and they'll just change their details. It is as simple as that for the Self-Employed.

 

So, if you are currently Boring Builders, and want to be your own name, let's assume that is Bill Dock, then just change the name and tell the above people.

 

Adding other Trading Names to that is fine, HMRC-Tax and HMRC-VAT don't care, so long as they know about the core Business Name.

 

IOW, you can add Dock Developments if you wanted:

 

Bill Dock T/A Dock Developments

 

You can just as easily add another one if you also sell Rocks, i.e. add it to whatever Trading Name you want to use, i.e.:

 

Bill Dock T/A Dock Rocks

 

Just tell your bank that you may get cheques made out to Dock Developments and Dock Rocks and most will have no problem accepting them.

 

The main issue is to keep track of all activities in your Accounts, and if what you do in one area is substantially different than the other, then just take care as HMRC may want you to run two or more sets of Accounts, even though you are just one person and Self-Employed.

 

What they don't want you to do is have one area that makes no money, supported by another area that makes lots of money. Put together you break even and pay little Tax. To stop you doing that, what they would want is for you to show the Profit & Loss for each side, so they can stiff you for as much Tax as possible.

 

Many rich people used to Buy Farms a while ago just to offet the Farming Losses against their other Income. HMRC called that Hobby Farming, and put a stop to that little game to make sure people could not then evade Tax by running a loss making Farm.

 

But, with a good Accountant and some awareness of the pitfalls, there's no reason why Bill Docks cannot have many Trading Names, if it makes sense for you to do that.

 

For example, if you're a Builder that also wants to start selling frilly knickers, this is not really the same thing as Bricks and Cement (well, last time I checked anyway)! So, whilst there's nothing to stop you from running:

 

Bill Dock T/A Dock Developments

and

Bill Dock T/A Dock Frilly Knickers

 

 

It's likely that HMRC would want you to keep two sets of books, although you would still be Self-Employed (Bill Dock) with one Bank Account (Bill Dock).

 

One way to do both would be if, say, you just ran Web Sites and sold widgets via mail order, in which case you could argue that Cement, Hammers and Frilly Knickers are just stuff you Buy in and Sell. If so, you could indeed keep one set of Self-Employed Accounts and have as many Trading Names as you needed for each Widget Line that you sold, i.e.:

 

Bill Dock T/A Dock Frilly Knickers

Bill Dock T/A Dock Hammers

Bill Dock T/A Dock Cement

 

I hope this helps.

 

Cheers,

BRW

Link to post
Share on other sites

thanx BRW. the thing is i dont have a bank account on my business name and i cannot be paid on my personal account. so i just want to change my business name. or i can open a bank account on my business name, but i dont want to do that. so i think i should call the hmrc or someone related to it and tell them, but i dont know who to call...anyway..thanx again !!!!

Link to post
Share on other sites

Hi,

 

Many businesses - including sole traders, partnerships and companies - use trading names that are different from the business' legal name. Some have several different trading names.

If you're a contractor or a subcontractor under the Construction Industry Scheme (CIS), it's important to know which name to use when you operate the scheme. No matter how many trading names you use, HM Revenue & Customs (HMRC) will only register your legal name and one trading name

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

Link to post
Share on other sites

Hello Dock!

 

If you are a Sole Trader, I think the simplest plan is to make sure your primary Business Name is the same as your real name.

 

Your bank should not have a problem changing the Account name from whatever it is, to your own Name, provided you are a Sole Trader.

 

I can't see a problem in any event if you ask people to write Cheques out in your real name, and then just Pay them into your Private Bank Account, provided you keep a record of every such Deposit.

 

To square that in your Books, use a 2nd Cash Account to track the flow of Funds. Call that Virtual Cash, as no actual real money (as in Pounds and Coins) are involved.

 

You can call these Transfers Virtual Cash, and no Tax Inspector or VAT Inspector should have a problem with this, provided it is an accurate logging of how the Payments went.

 

For example, if you raised an Invoice (001) for £100.00 last week (09/10/2008 ), and someone Pays for that Today via Cheque in your name that you then Pay into your Private AC. Then that is effectively Drawings you have taken out of the Business. So, you need to reflect that in your Accounts. I would Track this as follows:

 

Invoice Account:

 

09/10/2008 £100.00 Invoice 001 Raised

 

Virtual Cash Account:

 

16/10/2008 £100.00 Virtual Cash Paid In for Invoice 001 (to match Cheque paid into Private Account)

 

16/10/2008 £100.00 Virtual Cash Drawings taken Out (to match Cheque paid into Private AC).

 

The net effect is therefore Zero and so accurate, as the Business has been Paid £100.00 via Virtual Cash for Invoice 001, and then you have marked that Virtual Cash as Drawings you then took out of the Business.

 

This is Business Money, so the Business just needs to know that it came in and went straight out again, so calling that Virtual Cash is quite acceptable.

 

Drawings/Cash-Injections are something a Sole Trader and a Partnership can use, whereas you can't if a Limited Company. They are a very handy way to track any Funds that go To/From Private Funds.

 

Drawings = Business Money Taken out of the Business that then becomes Private Money.

 

Cash Injection = Private Money Paid into the Business that then becomes Business Money.

 

Money that you take out and inject in, has no effect on your Tax Income or on the Profits of the Business. You are Taxed on what Profit the Business makes, and Drawings/Cash-Injections do not affect that.

 

Take too much Cash out, and all you will do is make it harder for the Business to function and pay Bills. But there is nothing to stop you doing this provided all Transactions are recorded and the Business Accounts show an accurate summary of what it is doing.

 

If you then wanted to use that £100 of what is now Private Cash in the Business, then you just need to enter it into Petty Cash as a Cash Injection from Private Funds. Indeed, if you went to your Private Bank and obtained a £100 Bag of Money, this would then be put into your Cash Box, so you would enter that into the Business via Petty Cash (£100.00 bag of money Paid In from Private Funds, so a Cash Injection into Petty Cash).

 

The key advantage of being Self-Employed is that you are not so tied down by rules as you would be if a Limited Company.

 

Indeed, you do not even need a Business Bank Account, unless you need things like Credit Card Facilities. The banks will say you do, but they cannot force you other than by saying No.

 

My advice is to get everything in your own Name, i.e. Business and Business Bank Account if you have one, and once that is settled, then you can add a Trading Name to that.

 

i.e. Mr X Dock T/A for both Business and Business Bank AC.

 

Then, if people pay you via Cheque in your own name, you can Pay those Cheques anywhere you want, i.e. Business AC or Private AC.

 

Just make sure these Payments are tracked in the Business, and it's then all above board.

 

What the Taxman/VATMan won't accept, is stray Deposits into your Private AC that cannot be explained by matching records in the Business.

 

So, it's wise to keep a Private record of any Payments you get that are non-Business, so these can be explained. Say, you sell your TV and get paid £200, just keep a Record of that, what was Sold, who bought it, and then if the Taxman wants to know, you can say what it relates to.

 

Likewise, going back to Invoice 001 above, if they want to know what that £100 going into your Private AC was all about, you can reconcile that easily by saying it was a Cheque Payment for Invoice 001, that was correctly logged as a Virtual Cash Payment and then matching Drawings to reflect that those funds flowed in/out of the Business as Virtual Cash because they went into your Private AC.

 

All above board, and quite safe.

 

If you can, I would get something like Microsoft Money, and run a Copy of that for your Home Accounts. Apart from anything else, it keeps your Home Cash Flow accurate, and gives you a good record of any funds that went To/From or From/To the Business.

 

When you are Self-Employed, it is wise to run your Home Accounts well, to protect you from any Inland Revenue Tax Investigation.

 

We had a big one a few Years ago, and they were stunned to find that every single penny was accounted for in both Business and Private Accounts. They called off the Investigation! Had we not kept such good records, they would've tied us up for Months and would've guessed at hidden Income if we could not explain all funds that went in/out of Private Accounts. They would've been wrong, but we would've paid for this just by not keeping a tally. We did, so were OK.

 

I hope this helps.

 

Cheers,

BRW

Link to post
Share on other sites

brw...i just want to know where should i go or who should i call to change my trading name..thats all....u gave me to much information...when i registered as a self-employed under the CIS i didnt leave my own name as my trading name like i should've done. i worked for someone for a couple of weeks and when he wanted to pay me he said he cant write me a cheque on my personal name because its illegal. now i want to trade as name, i want to put my own name and i want to know how should i do that. thank u both !!!

Link to post
Share on other sites

Hello Dock!

 

i worked for someone for a couple of weeks and when he wanted to pay me he said he cant write me a cheque on my personal name because its illegal.

 

If you are Self-Employed and a Sole Trader, it is not illegal to have a Cheque written out in your own name. I suspect the chap had some other motive for saying that.

 

Best thing to do is contact HM Revenue and Customs, and ask them what name you are currently listed as (it could be your own for all you know), and if it is not your name, then ask them if you can change it to your own name.

 

Then tell your Bank (assuming you have a Business AC), and say you want to change the name and have new Cheque Books/Cards to reflect that. If you are a Sole Trader/Self-Employed, it's just an Admin issue for them, you'll keep the same Account Number and Sort Code.

 

That's about it...if your Turn Over goes over a set figure, I think it's around 60k but don't quote me on that, then you'll need to be VAT Registered.

 

If T/O is below the VAT Threshold, then the above is all you need to do...unless you have Business Premises, in which case you may need to tell the Council.

 

Likewise, tell anyone who you Trade with, that's if you have any Trading Accounts or Customers who Pay you via Cheque in the old Business Name. But even then, you can keep the Old Business Name as a Trading Name of the Business.

 

I hope this helps.

 

Cheers,

BRW

Link to post
Share on other sites

no i dont have a BA...i could've solve this payment problem very fast. the guy told me he called hmrc and they said im listed with that name, not my own....ok..so i will call hmrc and see if i can change it...thanx a lot !!!

Link to post
Share on other sites

BRW I can't agree more about keeping full records. I had a client a few years ago who had four or five bank accounts. The Revenue insisted on adding up all the deposits into each account and calling that her income, where the vast majority of them were simply transfers between the various accounts. The man was not the brightest I have met:rolleyes: but it made me realise how important it is to have proof when the time comes!!

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Hello Goldlady!

 

BRW I can't agree more about keeping full records.

 

Absolutely. I think anyone who is Self-Employed must keep their Private Accounts as up to date as their Business Accounts.

 

The powers that be just don't like the Self-Employed, in their ideal world, everyone would be Employed as most of their work would be done for them via the Payroll Data they get from Company Accountants!

 

So, if Self-Employed, it's a sad fact of life that the boundary between Business and Private is just not there...it's one and the same thing.

 

It saved our bacon some time ago, because we kept perfect Home Accounts so there was nothing for HMRC to pick holes in.

 

But it is hard work, and adds yet another layer of bumf to an already busy life.

 

I dream of being Employed sometimes...no I don't, only kidding!

 

Mind you, the bloke I work for is a complete nightmare.

 

:eek:

 

Cheers,

BRW

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...