It would be the County Court Bailiff -no Marsdens!

Have a look on the HMCS website and download form EX345 - about bailiffs and enforcement officers. This provides the details of who to complain to with regard to HCEO's.

Write to Marsdens and give them 7 days to return your money - if not you will put them into small claims. If they dont pay you once you have a judgement then you can send in the bailiff!!!

They can not chase you personally chase you for debts on the limited company unless you have signed a personal guarantee.

They may have your home address if you have your home as your registered office. It is the case I would change the registered office to your accountant/solicitors. At least then if the bailiffs visit the registered office there will be no arhument about what are private/company assets.

Key advice is do not let them in!

If they do enter ensure that you have documentary evidence from your Landlord to confirm that you do not own the contents of your office - a lease agreement with an inventory ideally.

If there is nothing to take they will leave you alone. HCEO's are private companies paid by results. If they do not think there is anything worth taking they should leave you alone - then you can look at getting the judgement set aside.

You mention that you were a Director of the company. Was the Company Limited?

If the company was Ltd then unless you have signed a personal guarantee then you are not liable for the company debt.

However if you were acting as a sole trader or partnership then you are liable for the debt. In the case of a partnership then you actually have a joint and several liability to the debt with your partner - ie you are both responsible for the debt in it's entirity - not just a portion of it.

If you search the HMCS website for document EX345 - about bailiffs and enforcement officers this will give you the detailis of who to complain to in relation to the poor conduct of these bailiffs.

This is yet another example of why it is so important that you put everything in writing.

 

Rossendales are CORRECT in that the bailiff can assume that a car belongs to you. The onus of proof is actually on you....not the bailiff to prove otherwise. However, the part of this case law is that for the bailiff to levy he or she MUST HAVE GOOD REASON TO BELIEVE THAT THE GOODS ARE OWNED BY YOU.

 

You told the bailiff that this car is not your so she should have acted with a degree of caution. What is needed is this:

 

You need to WRITE to the company the make them aware that you advised the bailiff that this is not your car and that neither of you drive. I would personally take a picture to show the distance from the house. Request that this levy is removed immediately and that all associated charges /removal costs are removed failing which you will be writing to the magistrates court to get this levy removed ( I can advise later). The letter MUST be copied to the council as they are wholly responsible for all actions of their agents (bailiffs).

 

Our office have seen this same situation so many times in the past few weeks.

 

PS: Please ensure that any letter that you send to the council and rossendales is kept short but to the point. I will be try to put together a template letter this morning.

TomTubby,

Whilst I understand that the onus on proof of ownership lies with the debtor does a bailiff have a duty of care to check with the DVLA before levying on the vehicle.

If the vehicle of say a neighbour where clamped by mistake surley they would be responsibile for costs (ie time off work, phone calls etc) and should also pay compensation.

If this were established as precident then surley they would be more careful in carrying out due dilegence before clamping a "random" vehicle.

Cheers

GDHFS

Tomtubby,

Am I correct in the information given to me that a bailiff CAN levy on a vehicle on HP if 30%+ has ben paid on the agreement?

It may be worth contacting your local CAB.

They cashed your postal order in relation to your original offer.

On a commercial basis this would be considered an acceptance of your offerred terms and would also invalidate the further charges.

Cashing your postal order could be deemed as accepting your terms