GORNAL MOTOR COMPANY -Engine problem /CCJ Awarded.

[MARTIN3030]

But according from the information we have from the company formation-this was in November 2010.

There is no historical entries before that.

My concerns are that if the business deal was not done with the Limited Company (who now must hold the vehicle stock in their assets)

Then he will argue that there is no liability due from the Limited Company.

If the deal was done with the former non limited company,then as TGP says this would have been with xxx T/A xxxxxx

or in the case of a partnership xxxx and xxxxx T/A xxxxx

If that business has ceased to exist,nevertheless the sole trader or partnership would be liable with no protection from a Limited liability.

So is it not right to say that the sole trader or partnership could still remain liable personally for debts under the old company ?

[Thegreenpimpernel]

"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.

[Thegreenpimpernel]

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........

[Stresful Life]

Where does that leave me folks? I am being told to put LTD on the judgment by balliffs and this thread is saying other wise....?

 

Also, I don't know their home address. I know the one partner runs another business, which is an MOT business.

[MARTIN3030]

Ok so the crux therefore would be in being able to identify and levy on the individuals assets which were not now part of the limited company.

My guess is that these 2 will no doubt have made provisions for this.

[MARTIN3030]

Do you have any details for the MOT business so we can check if that is a limited co ?

[Stresful Life]

Do you have any details for the MOT business so we can check if that is a limited co ?

 

Here you go, Martin

 

Dudley MOT Centre,

Shaw Road,

Dudley,

DY2 8TS

 

Thank You

[MARTIN3030]

Brilliant

Federation of Small Businesses

And local good garage scheme.

[Thegreenpimpernel]

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.

[Stresful Life]

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.

 

Tough decisions. I can not let these people get away with it.

 

Can I not amend the name to Mr A & Mr B, Gornal Motor Company LTD?

 

It is confirmed that both partners are registered to the company as the directors.

 

Surely they have broken Business Names Act 1985?

[Thegreenpimpernel]

"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.

[Stresful Life]

Thanks TGP. I will be putting the warrant in both of their names, as more information is better than none.

 

I have refrained from going into detail but I have tried to be reasonable. They promised us a refund if we were not happy or an exchange. When we asked for this they refused. After nearly hitting me and pushing my grandfather, the owner agreed to an exchange. They offered us a car £350 less than we had paid. We accepted to be decent but when it come to doing the deal, they also tried to make us give them the tax disc from the old car, worth £100, which we paid for. When we refused, they then didn't want to know. They have over £40,000 worth of cars on site. These are the sort of people I am dealing with.

 

I tried to be fair and it has got me no where. I have had 7 months of stress and I am getting the money back. They have not made an offer or anything at all. Just ignored us.

 

Also, if I put the warrant as above, would that cover the HCEO even if they do not go to the business address, they could still go to the personal address etc?

 

I checked the invoice and all it said was Trade Sale and signed by one of the owners.

Edited February 17, 2011 by Stresful Life

[Thegreenpimpernel]

"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.

[Stresful Life]

Thank You TGP.

 

I am just trying to get the money back anyway I can. If anything had to go to court, I would be confident as well. They have broke The Sales Of Goods Act 1979 and also, they didn't turn up for court etc. So all the proof is there. HCEO will be sorting it for me, I just need to amend the names via the N244 form I believe and then wait for that to go through, then judgment and then the HCEO. Such a daunting process.....

[Stresful Life]

Regarding the N244 form I am waiting on....

 

1. Will I have to go back to court or can the judge make the decision to amend the name without a hearing?

 

2. How long does the form take to process when sent back?

 

3. If it is approved, do I have to re enter judgment?

 

Thank You

[MARTIN3030]

I'm regretting advising you to talk to a bailiff!

 

There are times when we have to use them,and nothing gives greater satisfaction than when the tables are turned.

Over the years theres been some classic examples,including the famous one where the bailiffs were ready to remove the tellers from a high street bank.............

[MARTIN3030]

http://www.thisislondon.co.uk/news/article-23391600-the-day-bailiffs-paid-a-visit-to-the-halifax.do

 

 

 

http://www.dailymail.co.uk/news/article-430129/Customer-sends-bailiffs-seize-banks-computers.html

[MARTIN3030]

http://www.thesun.co.uk/sol/homepage/news/article41321.ece

 

 

 

http://www.shortnews.com/start.cfm?id=59653

[Stresful Life]

haha that is justice served well!

 

Does anyone have any idea regarding the questions below please?

 

Regarding the N244 form I am waiting on....

 

1. Will I have to go back to court or can the judge make the decision to amend the name without a hearing?

 

2. How long does the form take to process when sent back?

 

3. If it is approved, do I have to re enter judgment?

 

Thank You

[Stresful Life]

I believe this will be the form. Could someone help me fill it in please?

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

Questions 3,4,5 and 9 seem the most complicated. Any ideas what to put for these please?

 

I am sitting here waiting for it to come through the post and I can fill this in and print it off, if anyone could help me please?

 

Thank You

[MARTIN3030]

Yes no reasons why you can not fill this in online and print it off

[Stresful Life]

Any suggestions what to put for question 3? Do I say I need to amend the company details so a warrant can go through successfuly?

[MARTIN3030]

Question 3.

 

Question 3

 

Claimant seeks to ammend the particulars of claim in respect of of the defendants named in the original issued.

The claimant has become aware that the named defendants in the claims original form,is not satisfactory for enforcing the judgement.

The reasons for the Claimants error,is due to misunderstandings of correct service in the case of business related claims.

[MARTIN3030]

Question 4

 

Draft

[MARTIN3030]

Question 5 tick without.

If the Judge decides a hearing is required - you will be notified.