Car mechanic problems!

[needadvice1]

Ok understood.

What is my position of he decides to wind up and start trading using another Ltd company?

Would I be able to lift the veil?

[AndyOrch]

Ok understood. What is my position of he decides to wind up and start trading using another Ltd company? Would I be able to lift the veil?

 

No you would make a claim on the dissolved company...that is if you have sued a Ltd company and not an individual.

[needadvice1]

No you would make a claim on the dissolved company...that is if you have sued a Ltd company and not an individual.

 

Yes I have sued a Ltd co

 

it has been agreed by a judge that Mr A's Company LTD is liable for the debt, you can not now decided well Mr A is to blame for it, you have told the judge Mr A's Company LTD did the work and he's agreed, therefore you can only claim the amount of money from Mr A's Company LTD and no-one else, regardless IF you think he's a sole trader, 2 people (company's or individuals ) can not be held liable for the same debt, unless 2 people enter in the the contract at the same time (and therefore both people would be on the court paper's)

 

even if I was lied to about who was doing the work??

[Conniff]

even if I was lied to about who was doing the work??

 

You are starting to complicated things now. The answer is as Liverpoolluke has said, whoever you sued is the one to chase.

If the business has wrapped up, you will have to find if there is an administrator or liquidator and apply to them.

I very much doubt it as a lot of garages are fly by night and just wrap their hand in at the first sign of trouble and start again

under a new name.

 

What is the name of this Ltd company ??

[Ganymede]

even if I was lied to about who was doing the work??

 

I'm guessing but what he probably meant is that he was a "sole trader" in the sense that he is the sole director and employee of the limited company.

 

Nothing illegal about that.

[needadvice1]

He's not the sole director nor the sole employee.

 

do we think this is the best course of action....?http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n323-eng.pdf

[panther12]

I take it you did check their legal and solvency status at companies house before embarking on this?

[needadvice1]

their company is currently active with only dormant accounts filed to date.

 

I have known the mechanic for years,

 

he is a very well known bmw specialist mechanic with very high labour rates.

 

he has been around for donkeys.

 

which is why I am now confused about why he has been filing dormant accounts for so many years and was not trading using another ltd company.

 

makes me think its been one massive tax fraud?

[liverpoolluke]

this may be the case, sadly it's not something you can get involved with,

you decided in the first place to take Mr A's Company LTD to court,

you got a judgement against the LTD company,

the LTD company is the only person you can act on / serve papers to

 

I assume you got a written receipt from Mr A's Company LTD which is why you were able to get a judgement against them

 

you can of course speak to HMRC about any issues you have with secondary company's eat

[needadvice1]

yes I have a receipt from the ltd co.

to me,

it doesn't make sense that I cant change the entity liable for the debt because essentially I was lied to.

it is fraud.

 

he has defrauded me,

probably the tax man too

and there is no comeback for me?

 

I know the tax man can get his money but apparently not me?

surely there have be to some work around within the law?

what do you mean by "secondary company's eat"?

 

help please....?

[Conniff]

if you have successfully sued and be awarded an amount from Mr A's Company LTD then it is only Mr A's Company LTD that has been ordered to pay, you could only ask bailiffs to act upon Mr A's Company LTD I don't think you could further sue Mr A as the matter has already be dealt with

 

You have been given the answer a few times and I've quoted liverpoolluke post to repeat your 'only' course of action.

[needadvice1]

I just can't quite believe it.

 

that means that i could sell something to someone under a made up Ltd co name.

They sue me.

I go to court pretending that I own that fake Ltd co.

I lose in court.

 

Claimant tries to recover their money but can't because the company doesn't exist and there is no alternative for the claimant. Fraudster defendant gets away with zero penalty.

 

Just seems a crazy system to me....

[Conniff]

You're not getting this. You took a car to a garage for repair but are not happy with that repair so want a refund. The garage refuses so you take the garage to court.

 

On the court papers you issue it says xxx garage ltd. The court agrees with you and orders xxx garage ltd to repay you.

So far xxx garage ltd hasn't obeyed the court and repaid you, so you send in bailiffs to xxx garage ltd the name on the court suite you issued and the name the court ordered to repay you.

 

I can't see your problem.

[needadvice1]

The problem is he said he was a sole trader in court.

He gave me an invoice with Ltd co name,

yes, but he could have made up any name.

 

 

say I owners a garage and I told everyone my Ltd co name was abc Ltd but it was actually xyz Ltd.

 

 

If someone wanted to sue,

they would sue abc Ltd

and I would never have to pay up

because everyone would be suing the wrong company.

This is what seems odd to me.

 

Also just received this letter from the courts which makes no sense to me at all ...

 

"Notice of transfer of proceedings

 

This claim has been transferred to the county court at central London for allocation.

On receipt,

the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.

Details of the judge's decision will be sent to you in a notice of allocation. "

 

What is going on???

This makes no sense to me at all.

[Conniff]

You said it had been to court and a judgement given. That says it hasn't been to court and judgement been made.

 

A sole trader means he is the only owner so can keep all the profits himself.

Edited April 9, 2016 by Conniff

[needadvice1]

Yes we went to court and I was awarded money.

I have a letter to prove this.

Must be another mistake by the court.

They have been making mistakes since day one.

[Conniff]

It doesn't matter about any letter, can you scan and post here the court judgement as given to you on court paper ??

[needadvice1]

Could this be happening if he appealed? I did not get any notice of an appeal.

 

I can take a pic and post it.

 

First letter received a few weeks ago...

 

Received today...

 

Truncated for obvious reasons...please click on the pics above to enlarge.

[Conniff]

I suggest you write or phone them asap and find out what is happening.

[needadvice1]

I phoned them a few times last week to ask if the defendant had appealed,

they said they'd heard nothing.

And then I get this!

 

 

Monday first thing I will call.

I've had no notice at all from anyone about an appeal.

Is the defendant supposed to write to me if to advise if they are appealing?

 

Say he is appealing.

Can I send bailiffs round anyway?

Or is it a waste of money

[needadvice1]

***UPDATE***

 

Called the court this morning.

Defendant has appealed!

They don't know on what grounds

because the file has gone to central London to a higher level judge.

 

Should I enforce??!!

Seriously confused!

 

Thanks in advance!

[liverpoolluke]

Not sure you can enforce when the debt is in question,

I'm sure Conniff will be along shortly to confirm

[needadvice1]

the court said I can enforce but they lady didn't seem to sure so thought I would check with you guys!

[panther12]

You can start enforcement action as the judgment remains in force until it is set aside.

However you might be wasting your time & money as court rules include provision for enforcement action to be suspended if there are special reasons

- which can include an application to set aside judgment.

 

So even if bailiffs got you your money or seized goods,

it would only have to be given back if his application is successful.

[AndyOrch]

I would sit tight until the details of the appeal are decided upon.