Ok, that's what I will do. Thanks for your prompt help TW3

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.

Thanks Steampower, I was fairly confident that was the case - just needed to have it confirmed

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

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

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

Yes I have had reminders before , So it looks like I am lucky this time. Lesson learned, 30 miles an hour from now on.

NIP reminders - Say reminder on them ( I Hope )

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.

Ok I will respond, as such. Thank you for your kind help and replies. Fingers crossed.

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 ?

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 ?

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

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 .

Hi I have been caught speeding by a van hidden in bushes on a road close to where i work The speeding took place on a wide clear road with good visibility - It has no signs saying 30 & I always thought it was a 40 limit - Anyway that aside - the road was clear so i gave the car a Blast ! -- and the van obviously got me. The question is does the 14 day rule apply ? - I have read somewhere in past that the NIP must arrive within 14 days of the alleged offence . Hopefully this is correct and i get a second chance , at this speed 65 in 30 i will end up with a short ban and 6 points ... that will kill my insurance and probably my job.

Actually not worried about court - worried about putting a case together correctly and ensuring I fill in all the forms correctly, defence and counter claim so I get compensation and costs etc. So long as there is some guidance here - Im sure it will be fine.

last time I was in court for a speeding offence i didnt do well - the picture was definately Me .

Ok this saga with EON continues, The company they supplied electricity to went into liquidation in December last year they were informed. Their agreement was with the company in liquidation. Eon were named as creditor on the forms. Eon have claimed that because the lease on the building is in my name - i am liable, i must be involved in the other company and i owe the debt ?? The other company (NOW LIQUIDATED) was a seperate legal entity and I was not a director. The bills all came in the liquidated companies name, I have evidence from the liquidated company to prove the liquidated company had been paying EON - therefore they had a contract or agreement with EACH OTHER - NOT ME or MY company. way back in February when we re-occupied our building ,I contacted EON to ask them to change the account into a new company name so we could pay for our usage, they refused.we asked a couple of times and they would not transfer the account it saying there was a debt and it would not be transferred unless WE paid the debt. we explained on the phone that the former company had liquidated. time passes - we get disconnected on a warrant in another companies name- we complain - they ignore we phone - they say we are same company . round in circles we apply elswhere for supply - EON Block it (TWICE NOW) we install generators to continue trading - running on generators now. Now ---- today I recieved a bill for £6000+ in the name of my company . we did not and do not have an agreement with them EON have definately changed the name on the account - surely this is illegal. They cannot re-assig a debt from a liquidated company and attach it to another to protect it. Also this has historical VAT liability implications etc . I am worried incase they try for court action CCJ, or something - i can defend but what about my supply, inconvenience etc in the mean time? ANY HELP PLEASE??

Today I get a letter in my company name (NOT THE liquidated company name) I phoned EON and asked why they had changed the name on the account and the sales person said he doesn know but told me it had been changed on 26th June - after they had disconnected the supply. Apparently the main Landlord has confirmed the lease is in my company name so therefor the old bills and debt must be mine ? Their debt is with a liquidated company - not mine! They have disconnected the supply and will not release it to another supplier so i have no mains electricity - I am running on a generator now. I do not owe the money - they refuse to listen. Their warrant and disconnection was in a liquidated company name - not mine so I think they have trespassed and illegaly disconnected the supply. we did tell them on the day but they (Wrongfully convinced my staff that they had court powers under the electricity supplies act and court powers to disconnect - even if its not our bill) I am now worried - they have now changed the company name on the latest letter , It now shows my limited company name, The letter says the supply will not be released to another supplier unless the debt of £6000+ is paid. the account number has also now been changed into my companies name .. why ? Its not my debt - why tell me ?? Is the change of name on the letter an attempt to move the debt ?? surely they cannot do this How can they change the name...and then say the debt is due ? you cannot retrospectively change name - i think they are trying to retrospectively claim all the old electricity bills are due and i think they may even be trying to insinuate or re-issue all the old bills in a new name Surely this practice is ILLEGAL ?? im concerned incase they are moving towards trying something legal like going for ccj in my company name. I did email these guys several times and outlined the case, emails have been recieved (confirmed by their sales people during one of the many pontless waste of time conversations I have had ) They have not replied or even acknowledged the emails. I have had a letter back from the Citizens advice; staying that EON have stated that the change of tenancy is not deemed as acceptable , and tha EON can reject a change of tenancy request if there are resonable grounds, The lease has always been in my company name - i am not claiming change of tenancy. i do not owe the money I do not, did not have a contract with EON to supply electricity. the company that owed the money has gone into liquidation - the debt has gone ....it simple i can not be held responsible for this debt regardless of who is named on lease , to try and claim or attach the debt to another company is outrageous ! In the mean time Im running on a generator which costs around £13-£17.00 per working day which incidentally appears to be a lower cost to the the £500/600 per month usage indicated by EON. I need some help or guidance here, are there any non EON energy advisers who can point me in the right direction - i need to get this settled. i want my electricity reconnecting and then I want to take these crooks to task for their bullying and blatenty dishonest tactics in the way they have proceeded so far.

No there was no formal lease in place for the former company. they paid me and i paid the landlord - the main lease is in my name. In hindsight - a hundred quid or so for a solicitor to draft a lease may have been better. we have provided eon with details of the liquidator and they accept that the company is in liquidation. the meter is a 3phase digital meter made by edmi - i dont know how it is configured. Eon had a contract with former occupier - not myself. I made several calls again today to attempt to get the supply re-instated, they refuse to discuss reconnection or allow the supply to be transferred without a payment of in excess of £7000 and a security deposit of a £6000 . The debt should be written off due to the insolvency. I think that their practice of not allowing the supply to be released to another supply company so i can get electricity elsewhere seems grossly unfair and their terms of a £6000 security deposit is more akin to blackmail than reasonable business practice.. I have had to send the staff home again today, we cant work without electricity even the phone system needs electric . i think i will have to buy a generator, but that comes with its own problems, the main shutters are all electric and we have electric gates to our unit, so i either need to run the generator 24/7 or compromise security...... if i dont resolve this soon it will be too late to save the business, i cant even tap into a neighbours supply temporarily - the nearest is 40meters away across a yard !!

Eon

Today the electricity company supplying our building attended whilst i was out and disconnected the electricity. the warrant is not in my company name, it is in the Name of a former company sub letting the building from me. This business liquidated in December. I moved back into the building after the former company ceased trading - the lease has always been in my name - i sub let to the previous company. I tried negotiateng on the phone ( i was working on a clients site in London so could not get back to the NW in person) The supply company say that they are disconnecting and that because the lease is in my name - i am connected to the former company. one thing I noticed tonight when i went into the office is the copy warrant left by them was the name of the liquidated company not my company surely the warrant has to be in the correct name - History. A couple of weeks ago when their agent attended our premises, i explained that he was chasing a debt belonging to a liquidated company no longer at our premises, I also explained that all the old correspondence had been forwarded to the liquidators as per instruction - even so we can not legally open someone elses post so were unaware of any debt or communication prior to his visit. I also explained that they would have been informed of the liquidation as they were a creditor and he admitted that they probably were but they do not act on it ? It all seemed amicable at the time - I suggested changing or transferring the account into our name and we would pay the bills for our usage , he said that was not possible whilst the debt remained outstanding to the liquidated company - suggesting we pay it .... why would we ? i gave their agent a copy of my rates bill, a copy of trading invoices and company insurance, a copy of my current letterheading all to prove the business is different. I even gave him a copy printout from companies house (webcheck) proving that the company he was seeking had liquidated and a list of officers - which of course did not include me. he said it looked ok and would investagete. Last week we had a call from supply company saying that the businesses had a common director and the bill and warrant still stand ?? The liquidated business and my existing businesses do not have a common director - the supply company has picked up another business that that i have that is also registered at the same address and say this proves the common link. This is nonsence !. Even if i was a director of the liquidated company - surely they would be seperate legal entities and they could not transfer a debt from one to the other ? I phoned other supply companies for advice and assistance - but they all say that they can not help or take over the supply unless the current company releases it. The supply company are not backing down. they say the name on the warrant is irrelevent, insisting it is the same company. where do i go from here - is it worth contensting the validity of the warrant ? - even if successful - how do i get them to re-instate the supply, i have looked on the web and am worried - there are loads of horror stories quoting anything from months to never for reinstatement. i will have to buy or rent a generator to supply building in mean time - im not sure of costs , but it ill cost a couple of thousand to buy a decent generator, then get it connected, then im not sure of the running costs etc . ...else close the business and make 5 staff redundant or relocate ... this seems very unfair - everything seems to be sided with these bullys. how do i sort this mess out.

When did the business rates bill get changed into your name ? The letter from the bailiff - does it state the limited company name as the debtor or yours ? If you have been paying the bill in your personal (non LTD) name then I think you will have difficulty in proving it was a LTD co debt and as such the bailiff will try and enforce at your home premises. The lease in your personal name should have no bearing on who's name the Rates are in - many people have leases in own name and run LTD companies from the address, The billing authority people usually take you at your word , or ask for a company letter heading bearing the address and copy suppliers bill as proof. I have never been asked for a copy of my lease as proof. I think you had poor advice, the lease should always be in the name of the business operating from the premise and where possible Limited - Limited to protect you from exactly the situation you now face. I would contact a good solicitor - you need to get good legal advice. In the mean time i would try the council again , be polite and seek their assistance , take in a couple of the old invoices and trading proof from the limited company to support your claim that it was trading from the old address for the last 7 years, ( maybe A copy of the Annual return from companies house showing the trading address at the old premises) and see if they will amend the billing details to how the correct details and call of the bailiff, if this fails , ask them politely to contact the bailiff and put any further action on hold while you seek legal advice. - then get good legal advice. Hope this helps TW

How are the execution fees calculated and how do find out what they are without inviting a load of hassle ? i suppose that if the fee is only £60 or so - ill pay it, but only if i have to and only to avoid more fees.