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DCBLegal/CCPC County Court

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 February 2021 at 8:03PM
    he HAD authority , but is no longer ABA aos or listed with HM gov as sole trader (self employed) he gave that up when he paid £1 to become a director of Ltd company , i wonder , ask him for DVLA reply for your data , definate breach of kodoe then 
    Look, I have read your posts on the other thread and fully understand how Ltd companies work and how sole traders work.
    DCBL are claiming for a T/A company that is not limited ... who is giving this sole trader access to the DVLA
    There are only two, the BPA or the IPC
  • fueboy
    fueboy Posts: 113 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 3 February 2021 at 8:22PM
    FineFighter - you've not blanked out your name or the reference numbers in your pictures.

    I'm going through the exact same thing from the same company in the same area (used to live on the peninsula until 2017)
  • fueboy said:
    FineFighter - you've bit blanked out your name or the reference numbers in your pictures.

    I'm going through the exact same thing from the same company in the same area (used to live on the peninsula until 2017)
    Yep found where I'd forgotten to blank my name, thanks for the heads up, gonna fix it now!
    beamerguy said:
    he HAD authority , but is no longer ABA aos or listed with HM gov as sole trader (self employed) he gave that up when he paid £1 to become a director of Ltd company , i wonder , ask him for DVLA reply for your data , definate breach of kodoe then 
    Look, I have read your posts on the other thread and fully understand how Ltd companies work and how sole traders work.
    DCBL are claiming for a T/A company that is not limited ... who is giving this sole trader access to the DVLA
    There are only two, the BPA or the IPC
    This is interesting, but I'm guessing that it doesn't preclude him from taking me to court? Which is the bit I'm trying to avert or prepare for......
  • beamerguy said:
    he HAD authority , but is no longer ABA aos or listed with HM gov as sole trader (self employed) he gave that up when he paid £1 to become a director of Ltd company , i wonder , ask him for DVLA reply for your data , definate breach of kodoe then 
    Look, I have read your posts on the other thread and fully understand how Ltd companies work and how sole traders work.
    DCBL are claiming for a T/A company that is not limited ... who is giving this sole trader access to the DVLA
    There are only two, the BPA or the IPC
    at the time of the incident terrytowel T/a capitol car park patrol were mermbers of the bpa and gained info by paper request to the DVLA 
    in september 2020 terrytowel formed a limited company , by doing so the terrytowel T/A ceased to exist with bpa/dvla , and according to UK law cannot be a sole trader as they now have "day job" 

    a non trading sole trader cannot instigate a claim , how can they , they dont bloody exist , it is CCPC LTD who are bringing the case , however DCBL have now realised that there scam claims by the LTD co for T/A cases are high on the BPAs watch list 

    This is interesting, but I'm guessing that it doesn't preclude him from taking me to court? Which is the bit I'm trying to avert or prepare for.....

    .
    a non trading sole trader cannot instigate a claim , how can they , they dont bloody exist 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 February 2021 at 8:53PM
    fueboy said:
    FineFighter - you've bit blanked out your name or the reference numbers in your pictures.

    I'm going through the exact same thing from the same company in the same area (used to live on the peninsula until 2017)
    Yep found where I'd forgotten to blank my name, thanks for the heads up, gonna fix it now!
    beamerguy said:
    he HAD authority , but is no longer ABA aos or listed with HM gov as sole trader (self employed) he gave that up when he paid £1 to become a director of Ltd company , i wonder , ask him for DVLA reply for your data , definate breach of kodoe then 
    Look, I have read your posts on the other thread and fully understand how Ltd companies work and how sole traders work.
    DCBL are claiming for a T/A company that is not limited ... who is giving this sole trader access to the DVLA
    There are only two, the BPA or the IPC
    This is interesting, but I'm guessing that it doesn't preclude him from taking me to court? Which is the bit I'm trying to avert or prepare for......
    Put it this way, DCBL could be in serious trouble if they are taking you to court with a trader who has the history he has ?  

    Given what is being said right now, be patient, wait to see what others say

    Get in your mind that DCBL, just like the other so called legals are only robo-claimers meaning they just accept what the PPC's say as fact, they don't actually know the facts and then they send a clueless "rent by the hour" bod who was only informed the night before ?

    Then the likes of DCBL wonder why a judge kicks them out

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2021 at 9:33PM
    .a non trading sole trader cannot instigate a claim , how can they , they dont bloody exist 

     But there is still an individual called Mr Terry SZMIDT.

    That individual can instigate a claim. Of course he can. He exists.

  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But he didn't form a contract with drivers.  I doubt his name was on the signs.
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The Trading as identity was never a legeal entity. 
    Unless Terry S name was on the signs, then no contract was ever formed. Ever. You can only form a contract with a legal entity. A sole trader has no company identity, just their OWN identity
    Blackdog - Terry still exists and can sue in their own name
    They can also sell the assets of the company to the new company, paying appropriate tax. This is not an assignment of debt. 
  • The Trading as identity was never a legeal entity. 
    Unless Terry S name was on the signs, then no contract was ever formed. Ever. You can only form a contract with a legal entity. A sole trader has no company identity, just their OWN identity
    Blackdog - Terry still exists and can sue in their own name
    They can also sell the assets of the company to the new company, paying appropriate tax. This is not an assignment of debt. 
    Is this a point that could be argued if it was taken to court? 
    I need to double check the signs but I'm fairly sure it's only ever mentioned company name, not the individuals name. 

    If debt is owed to a company, not an individual, and the company ceases to exist, does this then mean that debt is not recoverable? 
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've had a quick look through Google Images on 'Capital Car Park Control' and find no mention of the name Szmidt on the signs or NtKs shown. When you think about it, with a relatively uncommon name, it wouldn't be that wise to emblazon it writ large, as there are some very nasty characters around and sticking a ticket on one of their motors was only going to be a matter of time. 

    Even now, with DCBL thrusting his name forward in lights on threatening letters, I'd be more than a bit concerned about a 'knock' around midnight!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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