timewarp3
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Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
Ok, that's what I will do. Thanks for your prompt help TW3 -
Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
Thanks Steampowered ,Supervillan FKOfilee , Bazzas, and others. I was fairly confident that was the case - just needed to have it confirmed just wondered if they were committing an offence or fraudulent activity by changing trading title to secure a debt I need to come up with a set of wording for the claim form defence, I also note the claim form is signed by Debt collectors company name and not an individual - I thought a statement of truth needed to be signed by an individual the claim form guidance notes state "Statement of truth, This must be signed by you, your solicitor or your litigation friend. Where the claimant is a registered company or a corporation the claim must be signed by either the director or other officer of the company or (in the case of a corporation) the mayor, chairman, president or town clerk. does this invalidate the form. -
Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
Thanks Steampower, I was fairly confident that was the case - just needed to have it confirmed -
Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
I will defend on this basis just wondered if they were committing an offence or fraudulent activity by changing trading title to secure a debt -
Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
The limited company is a separate legal entity in its own right. I disagree with the director being liable - unless they had PG which they did not. I don't think the debt is transferable by simply changing the name format - this must illegal or wrong. They have previously invoiced in the ltd company name - I don't have any copy invoices. I left paperwork behind when I gave keys to unit back I am hoping to defend on basis of Ltd co liability not directors -
Eon claimform - disolved Ltd Co. util Bill
timewarp3 replied to timewarp3's topic in General Legal Issues
company ceased trading. no money in bank or assets apart from handtools single director lease came to an end no phoenix company company had been inactive for several months company dissolved -
eon are using LCS ( debt collector) to chase for Limited company debt, company no longer trading - Dissolved in February 2016 eon have changed the name on correspondence from "XXX Limited co" to ( Directors name T/A XXX ) i wrote back to LCS stating LTD company is separate legal entity - and that they cannot simply assign the debt to the previous director. I also asked for copy of any agreements, signed documents, copies of any bills etc as i believe the bills will have xxx ltd ( Not TA) Is this Practice legal - surely there is an illegal re-assignment attempt here - what about VAT ?? they cant retrospectively go back and change names on invoices and reassign the vat .... Now i have a CCBC claim form for the above I have filed an AOS stating i will defend complete claim. Any help or advice welcome
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Yes I have had reminders before , So it looks like I am lucky this time. Lesson learned, 30 miles an hour from now on.
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NIP reminders - Say reminder on them ( I Hope )
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if I read the legislation,case law and advice given on here correctly - the NIP is issued outside the 14day term allowed - so they cannot proceed in court.
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Ok I will respond, as such. Thank you for your kind help and replies. Fingers crossed.
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Yes the date on their NIP is 26 August & they list the offence as 29th July This is 27/28 days apart so the NIP is outside the 14 days ?
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Yes the car is registered to me at my home address ( Correct address). It does look like the 14 day rule may apply. do we have a motoring expert on here who can confirm this ?
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exactly how this road is :- then across the T junction it is half width, overhanging trees, winding , full of pot holes .... this is national speed limit LOL
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No I was not stopped by the van - this was tucked away in the bushes parked off the road -the kind with the blacked out rear windows and gun or what ever in back behind the glass. the NIP arrived in the post on Friday some 28 days after I spotted the van and the offence .
