Debt owed by company trading as another company

penners324

Do you have a copy of the contract?
If so, what does it say?
If it says Company A Ltd in the contract then sue company A Ltd.
It is says Company B Ltd t/a Company A then sue Company B Ltd.

cinereus

robber2 wrote: »

You will find it here;


http://www.legislation.gov.uk/uksi/2015/17/contents/made


Enjoy the read.


Rob

I know which Act is relevant. I can't find it anywhere in the Act was my point!

CKhalvashi

cinereus wrote: »

Even with permission?

I can't find the reference in legislation.

We trade as something completely different to our incorporated name. There is no other company using either name, so we don't need permission from anyone to do what we are doing.

Any contracts issued make clear exactly who we are and that it is a trading name for the company in question, however, so there is no attempt to hide anything. The branding for the trading name is owned by me personally, and rented to the company under license.

If the directors are also directors of company A and the contracts aren't completely clear, you'd do well to take company A to court, as IMO the benefits to you outweigh the risks.

robber2

cinereus wrote: »

I know which Act is relevant. I can't find it anywhere in the Act was my point!

Okay, coming at it from another angle this is a direct cut and paste from companieshouse;


"Trading names

You can also trade using a different name to your registered name. This is known as a ‘business name’ or ‘trading name’.
Trading names must not:

• be the same as an existing trade mark
• include ‘limited’, ‘Ltd’, ‘limited liability partnership, ‘LLP’, ‘public limited company’ or ‘plc’"

heres the link;


https://companieshouse.blog.gov.uk/2019/02/12/choosing-a-company-name-trading-name-or-trade-mark/


Knew Id read it somewhere.


Rob

robber2

CKhalvashi wrote: »

We trade as something completely different to our incorporated name. There is no other company using either name, so we don't need permission from anyone to do what we are doing.
.

The point was specifically that you are not permitted to use 'Limited' or 'Ltd' as part of a trading name but I guess you are not


Rob

robber2

and heres comfirmation of the same information from .gov.uk;


https://www.gov.uk/limited-company-formation/choose-company-name

CKhalvashi

robber2 wrote: »

The point was specifically that you are not permitted to use 'Limited' or 'Ltd' as part of a trading name but I guess you are not


Rob

Definitely not Rob, we're xxx Limited which trades as yyy with no ending.

cinereus

robber2 wrote: »

Okay, coming at it from another angle this is a direct cut and paste from companieshouse;


"Trading names

You can also trade using a different name to your registered name. This is known as a ‘business name’ or ‘trading name’.
Trading names must not:

• be the same as an existing trade mark
• include ‘limited’, ‘Ltd’, ‘limited liability partnership, ‘LLP’, ‘public limited company’ or ‘plc’"

heres the link;


https://companieshouse.blog.gov.uk/2019/02/12/choosing-a-company-name-trading-name-or-trade-mark/


Knew Id read it somewhere.


Rob

Neither of those things are relevant in this case.

The trading name is not a trademark and does not include Ltd.

All the other points refer to the company name not the trading name.

Again, I always assumed it wasn't allowed but I've still found nothing in legislation or gov literature to say they can't trade in the way they are.

TripleH

Check on Companies House beta for the limited company name. Check when and if limited company names changed. You might find that there has been a swap in company name to avoid debts, but if you argue you formed a contract with company A before it swapped names with company B and can demonstrate by means of dates etc that can strengthen your arguement. Also check if your contract has a company number. This can never change.

cinereus

TripleH wrote: »

Check on Companies House beta for the limited company name. Check when and if limited company names changed. You might find that there has been a swap in company name to avoid debts, but if you argue you formed a contract with company A before it swapped names with company B and can demonstrate by means of dates etc that can strengthen your arguement. Also check if your contract has a company number. This can never change.

Already checked Companies House. There's no name change. It was just as I described in the first post - Company B trading as the name of Company A.

As they weren't infringing on a trademark or including Ltd, I still can't find anything in legislation saying they can't do this.