Going Ltd wouldn't evade the problem, but it can prevent disproportionate consequences by separating the business and it's assets from your current problem. Many small businesses find all their stock, and their ability to carry on trading removed to pay a relatively small debt. They will pretty much empty a small retailer to pay a £1000 biz rate or trading debt. I'm not optimistic about this 'arrangement' and 'no fees at this point' business. More likely, once you let him levy, he'll demand an unaffordable monthly payment, take all your money for a few months then possibly empty your shop when you can't keep up! By transferring your business stock and assets to a Ltd entity, they can't impose impossible payment plans (no threat to remove goods and effectively shut you down). And, you as an individual will be insulated from future financial burdens.

Door step transaction, nothing said at the time... You might have hit on something there. Do you remember a brief fiasco where supermarkets had to 'discount' the card fee off your grocery total then add it back specifically as a card fee? (even though they didn't actually charge you for it) It was / is a legal technicality relating to card fees and detailed breakdowns on invoices. Since bailiffs rarely, if ever give proper receipts on the spot - there might an avenue to explore. I'll get googling.....

Card transaction fees.. mmmmmmmm... Often wondered about that one. I want them to be unlawful, and yes there's no reg. that specifies them, but then again, don't you 'agree' to them at the time of the transaction? I like arguing with myself. I always win.

If they are passing the VAT onto HMRC they will just point out the error. But if they are 'skimming' it for themselves...... oh dear oh dear, they will be in big trouble.

TT said: "To avoid the removal of all of the goods within the shop you will have little choice but to agree some sort of monthly payment arrangement." Or get on the internet and incorporate (set up a ltd company) tomorrow. You can get same day service from some formation agents, but do check out their reputation online, not all of them are up to scratch. I'm not suggesting evading the debt, just a survival strategy. Welcome to the 'should of gone LTD from the beginning - but learnt the hard way club'. There's a lot of members. If your business is viable and you're determined to carry on, there is nearly always a way. The stress will end, and seems to be a necessary 'rite of passage' to full competence. I've been there, and i'm keen to help. I would: 1)Go with TT's advice re. the "stay of execution" 2)Get your flatmate to do a Stat. Dec. or other 'proof' of ownership just in case. 3)A bailiff may be unable to seize certain goods at your shop, for example: a) Goods you have not yet paid for, that you have on account. There is a retention of title clause in most trade account t&c's which means the supplier still owns them until you've paid. b)Hired items like credit card terminals, tills etc.. Locate / prepare the paperwork to prove the above.

There are various ways of establishing if there is finance on a car. I think the AA or RAC even offer this service for people about to buy a car.

"After nearly hitting me and pushing my grandfather," Reasonable???? Go straight to Defcon 1. Look into a high court enforcement officer if the ccj is more than £600. Just google 'HCEO' and you'll get plenty of ******'s who will be more than willing to help. Some of them can even help resolve your queries / issues. Good luck.

"Can I not amend the name to Mr A & Mr B, Gornal Motor Company LTD?" If you can, and they (gornel) know what they are on about, or come here for help. Your warrant will be useless. Just get the warrant in the name of one or both partners, and furnish the court / bailiffs with all known addresses for them. Read this: http://www.ascotlawyers.co.uk/small-business-tips.php But do me a favor, if they are genuinely financially stressed, as opposed to taking the p***, then please be a reasonable creditor and accept a payment proposal instead of removing goods.

Not if it's already been seized / levied on.

I'm regretting advising you to talk to a bailiff! As you will read elsewhere on this forum, a bailiff will 'try it on', regardless of the legal technicalities. What i think you need to do: Unless the MOT business is a Ltd company, then it is merely an asset of Mr A or Mr B, whom we have deduced are jointly, personally liable for the judgement. I believe a warrant can be issued to an adress that the defendant is "known to conduct his business". So if you have a judgement against either Mr A or Mr B, they are both jointly liable, and i'm pretty sure you can issue a warrant to the address of the MOT business. State the known facts to the court and the bailiffs: 1) Mr A & Mr B traded as a partnership 'the gornel motor company' 2) I have a judgement against Mr A or B (or both). 3) Mr A (or B) are known to conduct business from XXXXXXXXXX MOT station.

The potential bad news is that if Mr A & Mr B live in a rented flat with nothing but a second hand TV and a sofabed - you'll get nothing. Even if the Ltd Company has assets of millions........

"So is it not right to say that the sole trader or partnership could still remain liable personally for debts under the old company ?" 100% correct! Otherwise anyone could run up any amount of debt THEN incorporate and get away without paying.

It's not a 'brand name'. Joe Bloggs T/as 'Joe Bloggs Pie maker' Is a separate legal entity to: Joe Bloggs Pie Makers LTD They cannot be held liable for each others debts. It comes down to what the name is on the invoice.

The confusion is due to the fact that the defendant may not have complied with the Business Names Act 1985. If they had, your invoice would make the identity of the defendants clear. It would either say: a) Mr A & Mr B T/AS The Gornel Motor Company Or after the formation of the ltd company, b) The Gornel Motor Company LTD, Registered Office XXXXXXXXX, Registration Number XXXXXXXX It's as simple as that.

Hello. Correct me if I've misunderstood, but surely you don't want to change it to LTD on the warrant. If the sale / transaction was with Mr A & Mr B T/AS The Gornel Motor Company you cannot enforce a warrant against the Ltd company that was formed later.It is a totaly separate legal entity - regardless of the similarity in name. Like i say, the Gornel Motor Company was not really a 'company' until it became Ltd.It was just Mr A & Mr B's 'trading name' or 'trading style' This thread demonstrates that the law regarding trading names needs amending. The fact that anyone, you or i could start trading tomorrow with the name "the Consumer rights company" or even "the consumer rights institute" is a bit misleading.

I don't want to raise false hope through limited knowledge, but what i am trying to say, is that they shouldn't sell your car if it will not cover the costs.

There could be a glimmer of hope there. I know the sale of the car should pay the fees plus some of the debt. That sounds rather unlikely in this case. Current fees nearly £600, plus removal, auction etc. I will leave further advice for those who know more on this subject. Good luck.

Hang in there debtadvice. There are people on here who know the ins and outs of HCEO's and High Court Judgements. I'm not one of them! They will like to know whether you were aware of the original CCJ, how much was it for, what is your car worth and is it on finance or HP. If you can provide this info they will probably sort you out a bit quicker when they find the thread.

He's stretching the truth as usual. He is allowed to make reasonable assumptions as to the ownership of goods, but... His 'reasoning' is clearly contrary to; your statement, the date of birth of the debtor (unless you look rather young for your age!) and every means of address verification available to him. Don't tell him where your son is or you validate his tactics.

You have to officially exhaust the councils complaint system first, usually up to the chief exec. Who will respond with a version of: "I have full faith in my officers and can't be arsed to look into this, so i stand by their assessment...... Please take it to the LGO if you are not happy with my decision." Find out their complaint handling policy. And make them stick to it. It might specify how long you must wait for each reply.

1) If they make you bankrupt they will get less than nothing, it will cost them at least £1000. (Is it £750 plus solicitor?) 2) If the car has considerable finance on it, it won't be worth seizing. Have you checked if it is an HP agreement? Its not often clear. If so they can't touch it full stop. 3)If the car is not 'seizable', then have you let them into your home to levy? If not there are no goods to seize - they are bluffing.

You could even try writing to Mr A and Mr B, pointing out that you have untangled their web of BS and will be seeking to enforce a warrant against them BOTH as individuals in line with their trading status / legal entity at the time. They might realize the game is up.

Hate to say it, but you could ring a bailiff firm to find out!

I don't know the technicalities. Someone else will have to advise whether you can apply to have the warrant amended to read: Mr Bloggs & Mr Smith T/AS 'The Gornel Motor Company'. THAT is who you bought the car off.

Our posts crossed there... In answer to your question. I know that if they are in a formal partnership (they have an agreement between them), then BOTH of them are liable for each others debts associated with the business. How this relates to warrants and enforcement, i don't know, but from experience i can confirm that a bailiff in possession of a warrant against 'The Joe Bloggs Pie Company' will normaly enforce that warrant against the partners. The only way out for them, would be to prove that 'The Joe Bloggs Pie Company' was an incorporated LTD company AT THE TIME OF THE TRANSACTION Which they cannot- because it was not!