Debt owed by company trading as another company

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  • robber2
    robber2 Posts: 558 Forumite
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    If company A was trading as company B then its simply not possible for Company B to go out of business without the same happening to Company A as they are one and the same entity.


    Did you check your contract or other paperwork for a Compnay number? If so can you tell us what it is?


    regards


    Rob
  • cinereus
    cinereus Posts: 2,706 Forumite
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    robber2 wrote: »
    If company A was trading as company B then its simply not possible for Company B to go out of business without the same happening to Company A as they are one and the same entity.

    They aren't the same entity. They have two different registrations at Companies House.

    Everything is exactly as I stated in the OP.
  • robber2
    robber2 Posts: 558 Forumite
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    cinereus wrote: »
    They aren't the same entity. They have two different registrations at Companies House.

    Everything is exactly as I stated in the OP.


    Think we are starting to go round in circles here. You have stated that Compnay B are using a name that does NOT include 'limited' or 'Ltd'. They cannot therefore be registered at Companies House.



    I suspect someone is feeding you a load of bull.


    I suggest that you accept that you have been had and take up some of the sound advice others have given you in earlier posts.


    Unless you are prepared to give us the company names or registeration numbers then theres little more to be said or done to help you.


    good luck


    Rob
  • cinereus
    cinereus Posts: 2,706 Forumite
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    robber2 wrote: »
    Think we are starting to go round in circles here. You have stated that Compnay B are using a name that does NOT include 'limited' or 'Ltd'. They cannot therefore be registered at Companies House.

    No it's as I said.

    "Company A Ltd" is at Companies House
    "Company B Ltd" is at Companies House

    "Company B Ltd" are trading as "Company A" (no trademark infringement or use of "Ltd".

    I dealt with a "Company A" not knowing it was "Company B Ltd" not "Company A Ltd".

    Sadly nobody has been able to provide any information that this is not allowed so far..
  • robatwork
    robatwork Posts: 7,093 Forumite
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    cinereus wrote: »
    No it's as I said.

    "Company A Ltd" is at Companies House
    "Company B Ltd" is at Companies House

    "Company B Ltd" are trading as "Company A" (no trademark infringement or use of "Ltd".

    I dealt with a "Company A" not knowing it was "Company B Ltd" not "Company A Ltd".

    Sadly nobody has been able to provide any information that this is not allowed so far..

    I think I get this. But for clarification can you let us know if the invoice is from "Company A" or from "Company A Ltd"?
  • phillw
    phillw Posts: 5,594 Forumite
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    edited 17 November 2019 at 1:21PM
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    If both limited companies are owned/run by the same people, then they would clearly be trying to avoid

    https://www.companydebt.com/liquidation/section-216-the-re-use-of-a-liquidated-company-name/

    If you could get a court to agree that they still violated 216, then section 217 says the individuals or new company is liable for the debts anyway.
  • cinereus
    cinereus Posts: 2,706 Forumite
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    robatwork wrote: »
    I think I get this. But for clarification can you let us know if the invoice is from "Company A" or from "Company A Ltd"?

    "Company A".

    I can't find any evidence either uses "Company A Ltd."
    phillw wrote: »
    If both limited companies are owned/run by the same people, then they would clearly be trying to avoid

    https://www.companydebt.com/liquidation/section-216-the-re-use-of-a-liquidated-company-name/

    If you could get a court to agree that they still violated 216, then section 217 says the individuals or new company is liable for the debts anyway.


    Different people according to Companies House.

    All my interactions were before insolvency so I can't see s216 applying.
  • DE_612183
    DE_612183 Posts: 1,843 Forumite
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    Is there any reason why we can't use the real names on this forum?
    As others have said - might make it easier.

    Also have you got a contract or have you issued invoices?

    Might be easier to understand why this company owe you money.
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