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Everything posted by ZENTRIX9

  1. Yes I offered stock/machinery in proportion to the money loaned to me by my mother. But this was at least 2 years ago, and I didn't owe HMRC much at all, the only money I owed anyone was myself and my mother, I always pay for goods with the order.
  2. Hi, I want to close my Ltd business with the least hassle. I have injected over 100k of money into the business over the last few years but with the combination of, Brexit and a retail shop that didn't work out I can't carry on. I owe HMRC about 20,000 and myself over 100k which was not just mine but family members. I stopped trading around 12 months ago and have traded as a sole trader since then and am doing much better. I had my accounts done up to the end of March 2019 As I paid in any money to help the business I signed over machinery and stock etc to my mother as some of the money was hers. I did this so she would not lose out, I need to know if this is legal as I am going to get a visit from HMRC. I would like to go down the dissolution road if possible does anyone have any advise they can help me with this matter. Many thanks
  3. Thanks for all the help. One last question, my uncle and myself have joint and several power of attorney for Health and Welfare and also property and financial affairs for my mother who has Alzheimers and lacks capacity, she no longer knows us. Can I purchase my mothers house with the proceeds of my house sale to free up her money to pay for her care fees. Will I have to apply to the court of protection to sell it or can we just go ahead with the sale. I have had 3 valuations done by 3 different estate agents and my uncle would in theory organize the sale to myself. All done with solicitors and above board. Zen
  4. Thanks for the info. We have a buyer and the conveyancing has started However.......... Our conveyancer thinks that we have to let Cabot know about the sale, he also says that the conveyancers dealing with the purchase of my house will want to know if there are any restrictions and assurances they will be sorted before the sale goes through. Has anyone got anything I can send them in legal terms to sort them out? I have told them I DO NOT want Cabot informed of the sale. They have been told that they do not have to inform Cabot until the sale goes through and then the restriction will become null and void Thanks Zen
  5. Ok so that just stops me selling while they apply to the court for the Interim charging order? So tell the conveyancers not to contact the fleecers Happy days Can they then come after it again?
  6. Protection by restriction The level of protection offered by a charging order will entirely depend upon the form of restriction entered against title to the property. The standard form of restriction entered upon obtaining an interim charging order (form K) merely provides that no disposition of the property “is to be registered without a certificate … that written notice of the disposition was given” to the creditor with the benefit of the charging order. There is no requirement for notice to be provided in advance of the disposition (or before the sale proceeds are paid) so that the creditor can obtain an undertaking that their debt will be paid before completion monies change hands. Therefore, it is possible for a judgment creditor to be notified of a sale after completion and, if they do not react quickly enough, the transfer of the property will be registered (and their restriction removed) without receiving payment under their charging order. In such circumstances, the judgment creditor will lose the benefit of their security and rank as an unsecured creditor of the seller.
  7. Hi, back in Nov 2012 we got a charging order, done sneakily by Mortimer Clarke at Kings Lynn and I am near Stafford! Since them I have paid off the Mortgage, the house is jointly owned and the charging order is on my wifes half. The house we are buying I don't need a mortgage. Can I sell my property without paying it off? This is the wording on HM Land Registry. This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (08.10.1990) PROPRIETOR: XXXXXXXXX and XXXXXXX of XXXXXXXXX 2 (26.11.2012) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Cabot Financial (UK) Limited (Co. Reg. No 03757424) at care of Mortimer Clarke Solicitors, 16-22 Grafton Road, Worthing, West Sussex BN11 1QP, being the person with the benefit of an interim charging order on the beneficial interest of XXXXXXX made by the King's Lynn County Court on XXX November 2012 (Court reference XXXXXX).
  8. Thanks, on the claim form I will use the address they were living at and trading from.
  9. The person I am sending the letter to lives in a motorhome on a farm and they have a unit there, technically they shouldn't live there but they do. The business trading address before they went LTD is the same address. They don't have a house although on their Ltd registration at companies house they have a different address which is way up north so I know they don't live there but may own the house or its a parents house. Do I send the letter to the address they were using when they bought the goods from me, I know they will get it if I do.
  10. Also I will be claiming from a person T/A does this make any difference? - - - Updated - - - Many thanks, I will sort that out tonight
  11. I sent an email asking if I would be getting any payments, they replied saying it depends on if they sell anything up to Xmas. I replied to them, included in the email below sent 27th November "There comes a point where I have to put you on stop and we have just reached it, I didn't want it to come to this but I can't see any other way around it. I cannot supply you any more until the debt is cleared. I need you to come up with a proposed payment plan that you can stick to otherwise I will have to start looking at recovering the amount owed. Sorry XXXXXX, I have supported you as long as I can but the amount you now owe me is having an effect on my business and I cannot let it go on any longer." I have asked in emails again and got can I have a few more days, after 4 days I asked again and got "working on it" This is over a period of 2 weeks That's it now they have had a chance to sort things out, I need to send a LBA, can I send it by email or do I need to send it by recorded delivery or does the email I sent count?
  12. Just wanted to be seen as the nice guy if it goes to court ;-)
  13. Many thanks. I have just sent them a friendly email asking them to try and sort something out. Depending on the tone and what they put will depend on what I draft out to send them a formal Letter of Claim under the Pre-Action Protocol for Debt Claims.
  14. Thanks Andy, I use "Simply Docs" there are tons of templates on there, I will use one of those.
  15. The customer still has some items in stock, but advertised through their LTD company. Can I ask them to return my goods? or go and fetch them?
  16. Andyorch - Any links or templates I can use to help draft something out?
  17. Andy - The current debts are just over 9 months now. No they are not getting anything now until I get paid, not even if they pay pro forma.
  18. Andy - It states on all the invoices "Terms = Due on receipt" Originally it was agreed verbally that they could have a bit longer to pay, about 30 days to help them out as they had just started the business.
  19. I use Quickbooks for invoicing, and the invoice is sent by email and there is a link to view the invoice. The wording below is in the email, not on the actual invoice, but this is sent with the invoice, is that ok? All goods remain the property of XXXXXX until they are paid for in full.
  20. The goods were bought for resale. Do I sue the LTD company or the person who was T/A?
  21. Thanks BF, I was thinking of asking the person to sign a personal guarantee, if they won't then its a good indication they are in trouble. On my invoices it states the goods remain my property until paid for in full, does this help? I could hint that I will start the winding up process, that may show them I am serious or bankrupt the person who was a sole trader. One thing I have done is any payments paid after the T/A - LTD split I have allocated to the invoices raised for the T/A, should I re-allocate these payments to any invoices raised when they went LTD?
  22. If this is the wrong place for this post please move it. Hi I have a Ltd company and manufacture goods myself. I have a customer who owes me around £8500. Most of the money owed I supplied them when the person was a sole trader trading as XXXXXXX. Around June this year they registered as LTD and told me when they collected an order late June I think. I have asked for interim payments to get the debt down from just under £10,000 which they did and got it down to around £7000 but I allowed them a few smaller orders to help them out on the understanding that they carried on paying. They haven't really.....and I have nudged them for some more money and it looks like they can't pay anything for at least 2 or 3 months. Then it will be can we have some more stock and we can pay you or if not we will have to get stock elsewhere and use any money we have to buy stock from elsewhere to keep going. Now is the person still liable for the goods they had off me before they went LTD or does it all transfer to the LTD company now. I am thinking of asking for a personal guarantee or walking possesion on goods etc. I don't want to do this but I have been in this position before when someone gave me post dated cheques and fobbed me off a couple of months while he registered a new company and liquidated the company that owed me money. Any suggestions?
  23. This is a good read https://mycareconsultant.co.uk/wp-content/uploads/2017/06/Accessing-NHS-Health-and-Nursing-Care-MCC-revised-18062017-PDF-FINAL.pdf
  24. I agree with some of what you say but the manager of the care home and their employees have been telling me for nearly 12 months that mom would not trigger the CHC assessment, this is totally wrong as they are looking that the problems she has due to the alzheimers are being looked after successfully so she would not be eligible! They are also at fault as well as the council.
  25. Here's the link honeybee13 https://caretobedifferent.co.uk/what-to-say-when-social-services-insist-on-a-financial-assessment/ Too many people are being forced to pay for care when they shouldn't have to pay!
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