idun Posted October 30, 2011 Share Posted October 30, 2011 I am having difficulty with someone in the UK. I have found that they own a company in what I assume their own name. Then there is a variation of their own name as the only share holder. And then another name is in business.ie Marc Daley owns the companyMarc Daly owns all the sharesAnd Mark Daly is in business. All have different addresses. Mark Daly was living at a house owned by Marc Daley. Marc Daley registered to vote two years ago at another address he owned. And Mark Daly is using a address a few doors away from Marc Daley's property, owned by someone else and those owners are registered to vote at their address. Now if you have got your head around that little lot, I really distrust this bloke, should I? And how legal is all this? Link to comment Share on other sites More sharing options...
Quillan Posted October 30, 2011 Share Posted October 30, 2011 Could he be the son of Arthur Daley? [;-)]You can register your business anywhere. Ours was registered at our accountants, we had an office in Cheam and I also lived nearby at the time. The business is still at the same accountant, the office has moved to the midlands and the owner, my ex business partner, liver near the new office. So basically it does not mean anything is wrong or dodgy but if your "woman's intuition" is giving off warning bells and your anything like Ms 'Q' then I would keep clear. Link to comment Share on other sites More sharing options...
idun Posted October 30, 2011 Author Share Posted October 30, 2011 Yes, this company is registered with the accountants. But the owner then changing his name to hold shares seems 'odd'. Would that I could steer clear. I have to deal with this person, I have no choice at all and need to issue an injunction against them, but which one, or all of them? Link to comment Share on other sites More sharing options...
Russethouse Posted October 30, 2011 Share Posted October 30, 2011 Wont your solicitor or legal help say something like '...against Marc Daley otherwise known as Mark Daley or Marc Daly' (or whatever combination of names you want)? Link to comment Share on other sites More sharing options...
tinabee Posted October 30, 2011 Share Posted October 30, 2011 Try contacing the local Trading Standards office for advice - the person(s) may be known to them. Link to comment Share on other sites More sharing options...
NickP Posted October 30, 2011 Share Posted October 30, 2011 As far as I understand it in England you can be known by any name you wish as long as it not used to deceive. Like Q my business address was c/o my accountants office, I lived in a house owned by myself and my wife. Having said that I really don't understand why you're asking these questions on a forum? As; if I had any doubts about someone or their business activities, I wouldn't have any thing to do with them, but in your case maybe it's too late? [Www] Link to comment Share on other sites More sharing options...
Russethouse Posted October 30, 2011 Share Posted October 30, 2011 I suspect this is not the sort of thing one would discover until there was a problem..... Link to comment Share on other sites More sharing options...
idun Posted October 30, 2011 Author Share Posted October 30, 2011 [quote user="NickP"] As far as I understand it in England you can be known by any name you wish as long as it not used to deceive. Like Q my business address was c/o my accountants office, I lived in a house owned by myself and my wife. Having said that I really don't understand why you're asking these questions on a forum? As; if I had any doubts about someone or their business activities, I wouldn't have any thing to do with them, but in your case maybe it's too late? [Www][/quote]My question was 'is this legal?'. And it is in other subjects. Unfortunately I have no choice but to deal with this three headed person. Yes, I hadn't thought of asking for all three names to be on the one form. I will do that. I hope he has no other names, I haven't found any yet. ps I made , Marc(k) Dal(e)y up, as it isn't this person's names. Apologies to anyone with any of these particular names. Link to comment Share on other sites More sharing options...
Rabbie Posted October 30, 2011 Share Posted October 30, 2011 [quote user="idun"][quote user="NickP"] As far as I understand it in England you can be known by any name you wish as long as it not used to deceive. Like Q my business address was c/o my accountants office, I lived in a house owned by myself and my wife. Having said that I really don't understand why you're asking these questions on a forum? As; if I had any doubts about someone or their business activities, I wouldn't have any thing to do with them, but in your case maybe it's too late? [Www][/quote]My question was 'is this legal?'. And it is in other subjects. Unfortunately I have no choice but to deal with this three headed person. Yes, I hadn't thought of asking for all three names to be on the one form. I will do that. I hope he has no other names, I haven't found any yet.[/quote]The legality of his using 3 variants of his name is dependent on his reasons for doing so. If he has just mispelt his name then no crime has been committed but if he has done it in order to deceive then he has acted illegally. Link to comment Share on other sites More sharing options...
Quillan Posted October 30, 2011 Share Posted October 30, 2011 To be honest, I assume this is a potentially serious matter, I would ask these questions of a solicitor. None of us here are really qualified to give advice on this, we can only go on our personal experiences which is not the same as getting good advice from a solicitor. If this is a serious matter then the cost of a solicitor could save you thousands in the long run in fee's etc. Don't forget he can go to the high court and get it overturned if you get it wrong. I had an injunction against me for business reasons, the guy who got it did so to stop me working for somebody. A trip to the high court, an hour sitting around then 10 minutes in front of a judge who overturned it cost him just under £3k because he got it wrong and the injunction was 'unreasonable'. Link to comment Share on other sites More sharing options...
idun Posted October 30, 2011 Author Share Posted October 30, 2011 I just need an injunction to stop him commencing some work until all the other legalities, things have been sorted out. He has no right to start work incidentally until he does get everything sorted out, but as he is slippery, he may not follow the rules. So I really need to do it. He will end up doing the work, that is for sure. So I'm glad I posted this. Given me more food for thought. Link to comment Share on other sites More sharing options...
pachapapa Posted October 31, 2011 Share Posted October 31, 2011 Q's case would seem to involve some form of restraint of trade involving a degree of permanency hence not reasonable.An injunction covering a temporary legal restriction will no doubt prosper better.Whilst studying law the Middle Temple organised weekends at Cumberland House in Windsor Great Park for prospective candidates as Barristers. As one exercise I was given the brief of representing an Omnibus Company running buses over a tight inclined curve joining a dual carriage way below. An elderly lady with a house below the road was seeking an injunction restricting the operation of the company's double decker buses on the curved slope above her house as she feared that one might topple over and damage her house. I was indignant when the lady was granted the injunction!The analysis of the action emphasised that a court would look favourably on an injunction of a temporary nature even if it was based on a perceived danger without rigorous proof. The presiding judge noted that the restriction on speed imposed was reasonable and that the inconvenience to the company would be minimal.Oh and as a little plus...had the chance to go to mattins in a twee little church close to the Royal Lodge with the Queen Mum and Sovereign in attendance...they hid behind a screen during the service. Link to comment Share on other sites More sharing options...
Salty Sam Posted October 31, 2011 Share Posted October 31, 2011 As you say Q, none of us here are qualified to give advice on this.You need a solicitor Idun. Link to comment Share on other sites More sharing options...
breizh Posted October 31, 2011 Share Posted October 31, 2011 [quote user="idun"]I am having difficulty with someone in the UK. I have found that they own a company in what I assume their own name. Then there is a variation of their own name as the only share holder. And then another name is in business.ie Marc Daley owns the companyMarc Daly owns all the sharesAnd Mark Daly is in business. All have different addresses. Mark Daly was living at a house owned by Marc Daley. Marc Daley registered to vote two years ago at another address he owned. And Mark Daly is using a address a few doors away from Marc Daley's property, owned by someone else and those owners are registered to vote at their address. Now if you have got your head around that little lot, I really distrust this bloke, should I? And how legal is all this? [/quote]Own a company? Bit vague.UK: If he is a sole trader, then there is no legal requirement that the address, names, or any other details displayed publically are correct. I would use D&B, or pay a trace agent 50quid, before I allow any sales, and not on credit.If it is a Ltd, then the Reg Office can be anywhere, the Directors' addresses do not have to be proven, and the shareholders addresses can be secret if they so wish.If it is PLC, then the Reg Office can be anywhere, the Directors' addresses do not have to be proven, and the shareholders addresses can be secret if they so wish.In the case of Ltd/PLC, they'd get a credit account up to EUR1million, depending on filed Accounts. Or a personal visit to assess Management Accounts and interview. New start up, cash only. No Personal Guarantees.If I have doubts, and Marketing really make a good case, I will instruct a trace agent, or PwC. Refusal to assist from trhe potential customer, is immediate cash only.However, bear in mind things are rarely as bad as they actually appear. The tatty little 1 room office over a chip shop in Rochdale, is actually the UK purchasing office for the Pakistan Army. I do USD 1.5billion per annum through it. I bet they pay 50quid a week rent for the office. Link to comment Share on other sites More sharing options...
NickP Posted October 31, 2011 Share Posted October 31, 2011 [quote user="pachapapa"] Q's case would seem to involve some form of restraint of trade involving a degree of permanency hence not reasonable.An injunction covering a temporary legal restriction will no doubt prosper better.Whilst studying law the Middle Temple organised weekends at Cumberland House in Windsor Great Park for prospective candidates as Barristers. As one exercise I was given the brief of representing an Omnibus Company running buses over a tight inclined curve joining a dual carriage way below. An elderly lady with a house below the road was seeking an injunction restricting the operation of the company's double decker buses on the curved slope above her house as she feared that one might topple over and damage her house. I was indignant when the lady was granted the injunction!The analysis of the action emphasised that a court would look favourably on an injunction of a temporary nature even if it was based on a perceived danger without rigorous proof. The presiding judge noted that the restriction on speed imposed was reasonable and that the inconvenience to the company would be minimal.Oh and as a little plus...had the chance to go to mattins in a twee little church close to the Royal Lodge with the Queen Mum and Sovereign in attendance...they hid behind a screen during the service.[/quote]Didn't think it would be long before we would be blessed with the wit and wisdom from the western side of France. [Www] Link to comment Share on other sites More sharing options...
Rabbie Posted October 31, 2011 Share Posted October 31, 2011 [quote user="idun"]Marc Daley owns the companyMarc Daly owns all the sharesAnd Mark Daly is in business. [/quote]Just reread the original post. If you own all the shares in a company then you own the company. In the UK companies are owned by the shareholders. Perhas Marc Daley founded the company and transferred the shares(and ownership of the company) to Marc Daly. Link to comment Share on other sites More sharing options...
idun Posted October 31, 2011 Author Share Posted October 31, 2011 I now know that Marc Daley must be a 'real' person, as he has mortgages with quite a few mortgage companies and is registered to vote at one of the addresses where he holds a mortgage, it is also recently been noted as his address on the company records. The other two are his alter egos and I have to deal with all three. Life is not boring. Link to comment Share on other sites More sharing options...
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