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    • Hi Guys   I really could to with a bit of advice.   I have used the surname A (we will call it that to help with the explanation....lol) all my life. Name A is on everything i need my name for on a regular basis (my birth certificate, driving licence, bank accounts, utility bills, doctors....etc).   Now as a child my mum remarried and thought it a good idea in all her wisdom to ask the school to put a name B on my file.   So when it came time for my national insurance number came it had the name B on it.   Inland revenue said that there wasn’t a problem with this as long as i never try and do anything fraudulently (trying to obtain benefits in two names…etc) but later in life there was a few problems with ID not matching, so I spoke to a solicitor and they wrote me out a stator declaration stating that the person with the surname B and national insurance number is the same person as the person with name A.   This has always worked perfectly with any issues that arose up until I applied for a passport.   Now on to my actual problem….   I’ll try and keep this a bit shorted as the passport office has constantly messed things up and either contradicted themselves or apologised.     I applied for a first UK passport and as I’m English and fall within a certain age bracket all I had to send them was a form filled in by someone that has known me for a number of years. I sent this off and received a letter stating they needed more information and I needed to contact them. This then turned into the actual decision maker calling me back the following day.   She said that because I had put that I had been known by name B once that they would need to see that I have changed my name to name A.   After explaining the situation with her about name B and that there is nothing really that I can change as I only use name A, she requested that I send in my birth certificate so she could complete the application.   I sent this in and had a repeat letter from them saying they needed more information and I had to get the decision maker to call me back again.   This time she said she would need a stator declaration to explain the name. I said I have one of those (I actually forgot I had it until she requested it) but explained that it wasn’t a change of name and just explaining that the person with name A is the same person as name B. she asked me to read it out word for word to make sure it had the right heading…etc and said for me to send in the statutory declaration, driving licence a bank statement and a recent utility bill.   I sent this all in and guess what…… I get another letter saying they need more information.   So we go down the same route with a call back only this time she says she wants a letter from HMRC in the name A and a statutory declaration stating I have changed my name from name B to name A.   I reminded her about the situation with the names and explained that HMRC say there is not a problem with my name and that I would in effect be lying to a solicitor as im not changing my name to name A because its already name A.   She then completely changed her tone and started going on about me also needing to sit an interview…etc (that I expected anyway) and that if she was to give me a passport then there would be nothing stopping me from getting a passport in name B. I then said ok ill go ahead and have the passport in name B but she said a letter from HMRC is not enough to get a passport.     This has gone back and forth with different departments and I had to make a complaint (even that was a problem because I had normal representatives claiming to be from the complaints department so they didn’t actually open a complaint).     It’s got to the point now that I need to get the ombudsman to step in.   I had a consultation with solicitor that agreed that I’m completely in the right and said went down the lines of the fact that it’s not a legal requirement to have name A with HMRC and it can be presumed that I am going to do something fraudulently. And he likened it to a woman that has got married and can use her maiden name as well as her married name (there’s not one rule for one and one for another as this is discrimination).   I need to send something off to the ombudsman so I was wondering if there was some legal stuff I could quote?     Thanks for any help given and sorry for the long post….lol
    • The bigger arguments were   You need to stay in the UK to stay in the EU - and the UK would veto Scotlands entry - they cant now   Currency - you cant use the UKP - many arguments contrary to that and Scotalnd could easily choose dual currency - rather like the english and scottish fivers   Finance - For starters: * Kick the nuclear subs out and access the gas and oil and fish in those Scottish waters for a 10 year plus boom with no England interference and bleeding dry - as Scotland gets established in the EU * Fishing (in agreement with the EU and Norway etc was always more important to scotland and the tocks are moving North * Become the route from Ireland and the US to the EU - ask Dover etc how profitable that was *** Demand a full breakdown and legitimacy of the part of the UKs debt they might be expected to share - including the 100billion chumocracy payments .. if England dare ask   Hows that for starters?
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    • Hi.   As far as I can see, you haven't read any other private parking threads to understand how this works. If you don't mind my saying, you need to read more threads so you grasp the whole process.   HB
    • Is there any point in leaving the defence for a lengthy period other than necessary for its  preparation? Or is it better to get it done as soon as I am able to?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Beware AUTO VELOCITA LIMITED John Michael Garbett, Tim Garbett used cars **Solved**


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Also, it might be interesting to see whether they have any County Court judgements against them. If you wanted, you could search the register although there is a fee.

https://www.trustonline.org.uk/

 

You might have to do more than one search in order to access judgements at any of a variety of addresses.

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Hi everyone..just to let you know that miracles do happen..   Tim messaged this morning to say he will be bringing the car, did not believe it  for a second, then a few hours later he delive

That’s very kind and yes I will certainly recommend you to anyone!!   if I can be of help to anyone I would be pleased to assist..I have learned the hard way but been lucky..I hope if anybod

While not entirely relevant this article may also be of interest.   https://www.howespercival.com/articles/directors-misled-investors-over-brazilian-land-investments/   Also, The F

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Found a couple of reviews for ‘honest’ Tim (🤮) which is on his site for Henley in Arden though the reviews are a few years old now..shows a leopard does not change his spots..(hoping it comes up on here)

 

There is no website for the cars he sells.

 

Oh and still no car, surprise!! 

 

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image.png

  • 1 star reviewWorst Salesman I have yet come across. Spend 5 days trying to by a Jaguar X from this company. Tim (the salesman) was never available, never arranged a viewing and failed to return calls. Wasted my time and his client whose car he was selling. Would never approach again.
    D Martin Reviewed 2nd July 2013 9:39 PM

 

 

https://www.bigreddirectory.com/auto-velocita-henley-in-arden#left2

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I'm wondering whether you would be interested in spending a small amount of money bringing a legal action against this company in order to test the water – a sort of Pathfinder.

We want to minimise your losses in the most likely event that you would not be able to enforce the judgement that we would want to maximise the risk and liability for them.

It is clear that you are the owner of the vehicle and it is clear that they are depriving you of the use of it and by withholding it from you they are treating it as if they were the owners.
There is a tort called "Conversion" which is where you do somebody wrong by treating their goods as your own. It is pretty well the civil equivalent of the crime of theft.
"Conversion" refers to the act of converting your ownership into their ownership.
It seems to me that that is what is happening here.

You could bring a small claim in the County Court for conversion. Damages for conversion are awarded effectively for the insult of the fact that your ownership has been interfered with. This means that the damages don't necessarily have to reflect your actual losses and when one makes the claim in conversion, one generally identifies an upper limit for damages and asked the court to exercise its discretion in making its award.
You could bring an action in conversion for anything from, say maximum damages £50 – to thousands of pounds if you wanted. Bringing an action for a large sum would incur greater costs. I don't see any point because as I said, the chances of enforcement are very slim.

However, it might be interesting to sue for conversion damages not exceeding £650 in the discretion of the court.
If you are awarded £600 or more then you could instruct High Court enforcement officers to enforce the judgement. These people have enormous power and they don't stand for any nonsense. Also the cost of enforcement by High Court enforcement officers is expensive but this would be borne by the defendant.

Although this wouldn't provide any instant solutions for you, it would be interesting to see what the response of the seller might be – if anything.

It might even prompt them to refund your money – although don't bank on it.

The cost of bringing an action for conversion for damages not exceeding £650 would be £70 to begin the action and then a hearing fee of £80.

The cost of attempting to enforce the judgement would be £66.

As I said, you may consider that this would be throwing good money after bad but it might produce some interesting results.
If they defended the claim then you are probably be risking all of this money – about £210. If they didn't defend the claim then you wouldn't pay the hearing fee – although the rest of the cost would have to be incurred.

Please think about this. Frankly as far as I can see it is the only way you might be to make some kind of progress.

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I've been reminded by one of my site team colleagues of the proposal apparently to strike the company off.
Once again, this suggests that you are going to lose all your money – but maybe beginning an action for a smallish amount might produce information that you hadn't expected. Also it might help to establish that you do own the car – although once again, the fact that they are attempting to fold the company illustrates your risk of losing everything – the money you have spent and even a new court fee.

I'm simply alerting you to this extra risk factor.

Frankly given the amount of money that you are owed – the cost of bringing an exploratory court action in the way that I have suggested is relatively low and if you can afford it I would be tempted to go ahead.

Of course we will help you all the way.

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Hi..

 

oh that’s very interesting.. 

 

yes I think this is the way to go

 

anything to give him hassle is quite acceptable, as that’s what he has done to us..

 

the receipt of off Tim personally, no mention of the company do can we go after him..?

 

thanks for helping us..

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You could go after him personally – and of course that would be extremely useful – but do you have an address for him – and I mean a residential address which belongs to him. In other words can we identify an asset.

If we could identify an asset then we may be able to put some serious pressure on him

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I suddenly realised that his fatheJohn Michael Garbett,  is 80 years old. I wonder if he even realises that his son is operating a company with him as director.

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I've looked again and I see that there gazette notice for the voluntary strike off was made on 21 February. Normally speaking they would have two months after which there would be the strike off.

This means that they might have been struck off two days ago.

I think you need to telephone companies has urgently and asked them if it has happened yet and if not tell them that you want to lodge an urgent objection.

 

Have a look here.

I think you need to do this this morning

 

I'm afraid that if they are struck off then unless you can locate the residential address of Tim Garbett, I think it is probably finished

 

https://www.gov.uk/object-to-a-limited-company-being-struck-off

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Make sure that you have got all the company details and the name of the company to hand.

Explain to Companies House that this company has stolen your car and owes you over £7000 and that you are just about to start a court claim against them.
If they're not struck off then asked them when the strike off is actually going to happen and that you want to raise an objection and cause a delay in the strike off date.

Companies House may well then say that they will want evidence that you started a legal action – and maybe we will have to issue proceedings immediately

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I contacted companies house last week, unfortunately they said unless we have a receipt which shows the company name with Ltd then we can do nothing..we don’t, the receipt was off Tim personally

 

I have an idea of where he lives as he is known to the Police, there was an arrival about him as he was up to no good and was charged..he has money and lives in a very expensive area..

 

let’s do it and try to go after him..he took the money, all communications with Tim..

 

yea let’s give it a go, it’s worth ago..what he has done is despicable..

im off to work now so not back on till later..

 

thankyou sooo much, let’s try and get our day in court, even if no chance of seeing another penny!!

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Phone Companies House again and ask them whether you would be able to lodge an objection if you have started a County Court claim and you have the claim papers as evidence.

If they say yes then we can issue the claim this afternoon.

Also, you're being very veiled about where he is et cetera.

I think it's about time use disclosed details as to everything you know about this man Tim Garbett.

Where in the country do think he lives? What makes you think that he is known to the police? Is there any publicity – et cetera?

I know that you have to go to work but actually I don't think there is a lot of time for this.

 

Quote

1.5m ecstasy seizure

 
 
   
 
 

Customs officers seized 1.5m worth of the potentially lethal drug ecstasy on a plane arriving at Oxford Airport, Kidlington.

The Customs and Excise department's London International Rummage team found 48kg on the light aircraft which had flown in from Weert, Holland.

Following the seizure of the drug on Tuesday, two men were arrested and one was charged with the importation of the class A drug.

Timothy Garbett, 31, of Foster Street, Kinver, near Stourbridge, West Midlands, appeared at Uxbridge Magistrates' Court yesterday.

He was remanded in custody until Monday.

 

 

https://www.oxfordmail.co.uk/news/6625948.1-5m-ecstasy-seizure/

When you contacted the police about this, did you tell them about his involvement in drugs last year?

 

Also, what telephone number are you using for him?

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Hi, just got back..

 

Tim livedin a lovely area called Sneads Green, well that was his last address by what we can find..that’s all we have to date..we found him in a Worcester news article on line from a couple of years ago, he was convicted of false documents after a traffic offence..

 

This place is not too far from Hagley Road where he has his office in Stourbridge, well where he does the viewings..he was in and out of there when we were with him..Apart from this we cannot find anything else on him, can’t find him on Facebook..

 

we never met him before that day when we bought the car and have not seen him since..

 

Earlier he phoned my son out of the blue saying he is on antidepressants and will be in contact Sunday..ehh?? what is he playing at..

 

and I have received a phone call off west Mercia police to say it is a crime..apparently called theft by fraud, he took our money with the intention of never giving us the car..this is clear by all the recordings and messages and they can be used as evidence..

 

bad news being that the offence was out of our location so west midland police have to deal with it..

he said it was rubbish what West Midlands told me the other day, it is not civil..

 

so have been advised to report it through their web site and if they don’t take action then to complain, exactly what you said a bit back!!

 

Companies house have put a hold on their request to fold for another 10 days so yes I will contact them with what you have said today and see how it goes..though they want communication with ltd on it I’m afraid..

 

I need the Police to do their bit but I think it’s going to be a fight with West Midlands police unless I do complain..

 

thanks all for your valuable knowledge and I know I’m not alone..

 

I just hope no one else falls for anything like this, we were too trusting..

 

Oh no I did not mention the drugs only that he was known to them..

 

he has various numbers,   2 landline numbers go directly to his mobile number and Tim always answers, tho he has stopped answering calls to me and only is in contact with my son it appears!! 
 

 

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Thank you.

I'm just trying to go through this again in my mind. You said that you received an invoice in his personal name but also you said that you bought the car from the company. Can you just explain please.

 

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When we bought the car Tim promised to send us an invoice..never came..all we received was acknowledgement of full payment of £11650 (I try to type it quickly then not look!!) with the registration number and saying it would have s as service and valet..

 

he sent the above through his iPhone iCloud and thanks, Tim..!! no mention of any company so Tim has had the money I’m guessing..

 

we bought the car after seeing his cars advertised on eBay, gumtree and motors and they are advertised as being sold by Auto-velocita..we thought he was genuine and with all his cars for sale, most being far more in value than ours, we were fools..

 

in the only email he sent me in response he is called Velocita..I will ask my son to paste it to this site on his return and would appreciate your feedback..

 

The policeman I spoke to toddy was very helpful..he said they can trace and track the ip to whoever sent it and the recordings of all his promises are invaluable..

 

I don’t know why he has latched onto my son but only seems to want to talk to him..umm!!

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Okay, well done for getting the police to take notice. Have you got a crime reference number?

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No not yet!! I have to call West Midlands and get their email address so I can give them the facts and formally request that they make it an incident and act..

 

Our police gave us as number the other day so it should be logged but not with West Midlands.

 

west Mercia have advised to email as it’s proof so  if they don’t act I will be complaining about them so hopefully we will get somewhere, though I don’t know where!!

 

our car is still untaxed do not being used..guess he could try and reregister it with different plates??

 

 

 

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I hope you don't think I'm being too impatient – but I'm not sure what's taking so long. What was the number that the please get in the other day? Wasn't that a crime reference number?

When will you asked to call West Midlands to get their email address?

When did West Mercia I advise you to email?

I doubt whether the car would be registered with different plates

I'm anxious to get a proper police reference number because you have got a small delay on the voluntary liquidation and I'm going to suggest that you start legal action this weekend so that the papers are serve, you got an official claim with the County Court claim number and with the limited liability name and address of the company on official documents and that hopefully if you provide that to Companies House, that will be good enough for them to extend the period before the companies actually struck off.

However we want to get a move on. It's really quite urgent and things need to get done fast

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No your not impatient at all and I’m very grateful for your help..

 

west Mercia rang me today saying West Midlands police are wrong and it’s crime..so west Mercia have advised me to email W.Midlands to get it in writing that I want and expect them to take this seriously or I have a case to complain against them..I have already reported to Action Fraud and waiting off them now..

 

yes I do need a number then I can show Companies house and even then DVLA as you have suggested..

The number I was given the other day was from W.Mercia but as Stourbridge is not their area I’m guessing that’s not much use??  I can use this number tho as a reference and give to W.Midlands and see why they seem to have different laws..?

 

im drafting the email and they will get it tonight and I will be chasing it up as I know time is of the essence..everything written down is proof and will help..

 

I will keep you updated certainly and your help is so appreciated..

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Hi 

 

The DS01 Striking off application by a company for Auto Velocita Limited was Signed by John Michael Garbett and the Application to Strike the Company from the Register was on 10/02/2021.

 

The First Gazette Notice was on 23/02/2021.  

 https://www.thegazette.co.uk/company/07666378

(note click on the Timeline links to download the PDF notices to see them)

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Clearly you are about to lose your money. It was amazing that you were even returned £4000 – and it would be amazing if you get anything more back.

The police have let you down when they could have done something – but it is worth keeping on chasing them. You never know.

You've managed to lodge a temporary objection with Companies House – well done. I didn't expect that to be possible even though I suggested it.

They want to have something with the company's name on – and unfortunately you don't have anything even though you parted with over £11,000.
The only thing I can think of is to issue a County Court claim against them so that at least you will have that official document and may be that will be enough to persuade Companies House to continue the delay.
The purpose of this would be simply to stir things up, test the water, and maybe draw a reaction. Maybe if the old man understood what was going on, he could take his son to one side and put pressure on him to pay you back the rest of the money. On the other hand, may be the old man is complicit. He certainly seems to have teamed up with a very dodgy ex-solicitor partner.

If you wanted to start legal action then it would cost you a fee and as already suggested, you stand to lose about £200 if it all falls on its face – and I suppose that you had better assume the worst but on the other hand maybe gives you a fighting chance.

You need to let us know if this appeals to you. Normally speaking you would have to observe a pre-action protocol and send 14 days notice of proposed legal action. However, I would suggest that in this particular case we disregard the pre-action protocol and issue the claim immediately, this weekend. That means that by Monday/Tuesday, you would have an official document which showed that you had started an action and you could provide that to Companies House and maybe they would extend the delay to the final strike off of the company.

The company seems to have no assets – surprise surprise! – But regardless of that, the action and a possible delay in the strike off might be enough to get things going and also to move the police as well.

I would suggest that the particulars of claim would include the crime reference number that you have so far, a reference to the full sum of money which had been paid and the fact that the car was yours and that it was being withheld from you.

I would suggest that your action would be in conversion which I have explained earlier on. I would suggest that your action would be for just over £600 and if you are lucky enough that the claim when undefended then you could put the High Court enforcement officers in immediately.
If the claim was defended then at least it would be a sign of life and we could better understand what's happening. Furthermore, if they defended then you would have a document from them carrying the company identity and that will probably be enough to convince Companies House that you had a legitimate reason for objecting to the strike off and they would then delay the strike off even more.

It's completely up to you. I think of explained the fees and the risk factors earlier on and also in this post.

Please ask questions but also you need to make a decision today.

 

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Hi all..I have not been online since Friday, I’m afraid reality has kicked in..

 

To date I have contacted West Midlands Police who were more human this time..they have said it is procedure for Action Fraud to investigate in the first instance anyway and this was procedure.

 

My call has been logged!! They have advised to contact CAB/trading standards to inform them of the ‘company’s’ intention to go into administration..

 

I will contact Company House tomorrow just to update them that there may possibly be an investigation on the horizon by the Police involving this company, it may help but??

 

please I want to start court proceedings against Tim..he has been in contact again with my son!! he promised to call him today..!!yea heard that one before, don’t know what he’s playing at..

 

Thanks again for all your advice as always..

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Okay. Please monitor this for a reply tomorrow but in the meantime start looking on this forum at the steps involved in bringing a small claim.

 we will dispense with the pre-action protocol and we will issue a claim probably on Monday evening.

I hope you realise that this is a last resort attempt and may result in the loss of your claim fee and as I have explained, I expect that your maximum risk factor will be about 200

However it is the only thing I can think of to try and get some kind of response and to provoke a real reaction.

I'm very sorry in advance if this ploy doesn't work.  I am hoping that having an officially issued court claim against the limited loyalty company will be sufficient to persuade companies house to put the whole thing on hold and that might persuade them to deal with the refund.

 

 

 

 

 

 

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And by the way did you search the registry trust for records of county Court judgments against them?

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  • BankFodder changed the title to Beware AUTO VELOCITA LIMITED John Michael Garbett, Tim Garbett used cars **Solved**

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