Can a firm operate without a business address to evade enforcement?

[GulDukat]

Hi,

I have a problem with a surveyor firm who have changed their address to stall the enforcement process. The firm operates under a limited company. My contract was with the firm, and this firm is both registered and still operating.

HCEO's turned up to find that the firms registered address was vacant, and only by chance were informed of the new address close-by.

I am concerned that upon going to the new address (HCEOs had to ask my permission for them to attend the new address) the director of the company may claim that the firm is not at the new address.

I should clarify that the defendant has NOT notified me or the courts of the new address - i.e. even with a judgement against them they have simply "moved out" without informing the courts or myself.

So if the defendant tries to claim that the firm does not reside at the new address, then surely this means the firm has NO business address. This doesn't sound right to me. All businesses, including firms, must have a business address as a prerequisite for operating as far as I know.

Would such an enforcement evasion tactic actually work? Surely it's not that easy to escape judgement???

[labman]

Re: Can a firm operate without a business address to evade enforcement?

If it is a limited company, it must have an up to date business address registered at companies house, otherwise it is trading unlawfully. The HCEO's should look for evidence of them trading under the judgment name.

[GulDukat]

Re: Can a firm operate without a business address to evade enforcement?

If it is a limited company, it must have an up to date business address registered at companies house, otherwise it is trading unlawfully. The HCEO's should look for evidence of them trading under the judgment name.

There is a slight difference between the judgement name and the trading name - i.e. just three words on the end of the trading name referring to other services they provide. The name of the limited company is the first two words of both the trading name AND the judgement name.

[GulDukat]

Re: Can a firm operate without a business address to evade enforcement?

If it is a limited company, it must have an up to date business address registered at companies house, otherwise it is trading unlawfully. The HCEO's should look for evidence of them trading under the judgment name.

The address at companies house is definitely NOT up to date. So they are trading unlawfully.

[labman]

Re: Can a firm operate without a business address to evade enforcement?

It's certainly worth contacting CH and seeing if they have an up to date address for them, and obviously informing them what has happened if they haven't. CH is normally pretty fast at updating their website.

[CleverClogs]

Re: Can a firm operate without a business address to evade enforcement?

They don't even need to move premises!

If the judgement was obtained against Joe Soap Limited, they can let that company fold whilst the assets thereof are transferred to Joseph Soap Limited.

Refer to Rule 1 (link) of the Rules of Acquisition.

[smileyculture]

Re: Can a firm operate without a business address to evade enforcement?

cleverclogs is spot on, most ltd companies use a registered address just for mailing and legal requirement. Some people use the ltd comp , in the same way a long firm is used to defraud. For them, its a win, win.