Man in the South
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Everything posted by Man in the South
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I would suggest that you take some FREE advice before going into bankruptcy as it does have serious consequences for you in the future. CAB can probably help too. Also, think about making a sensible offer of repayment. Whatever you do don't let the bailiff into your house and if you have a car keep it away from your property
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Have you allowed them to levy and have you signed a walking possession? Two very important questions, and if the answer to both is Yes - then you need to try to sort out some arrangment to pay and this will ulitately reduce your costs so long as you keep up your payments. If the answer to the above is NO - then do not let them into your house at any cost and remove any vehicles/assets from your driveway or property. The it is time to talk to the bailiff and see what deal you can come to. They are not allowed to force entry to domestic property.
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Sorry - didn't realise it was a Magistrates Court fine, and I am pretty sure that you cannot make application to set aside. However, to perhaps cut the bailiff out it may be a good idea to present yourself at the issuing court. They may deal with you and the warrant would be withdrawn, and may stop the costs issue?
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I think you need to slow down a little and it may well be more productive. I understand your eagerness, and I would give the following advice: Firstly in relation to the Company debt and the company going into liquidation - if you were a Director you would NOT be liable unless, of course you signed a personal guarantee then you would. Limited companies mean limited liability. If you cannot pay any amount immediately and are in severe danger of having good seized then I would suggest you make an application to have the judgment set aside and importantly WITH A STAY OF EXECUTION. Although this will cost about £70 it will take a month or more for a court date - by which time you may be able to arrange some funds - but the very least you will be able to taken some sensible advice. Make sure that you also include the mistakes made by the Court in your application as it adds weight to your case! Bankruptcy is often muted on this forum but it has wide consequences especially if you own proerty i.e. your own house. Whilst the stigma is not so great now as it was previously it still will have adverse affects for you in the future.
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I would see what response you have to the letter first - I believe that as long as it is acceptable they should agree. If you have further problems/charges refer back to the claimant and tell them about the charges and ask if you can pay direct. This happens all of the times and cuts the bailiffs out of the money making machine. Good luck
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If, as you say is correct in relation to not knowing about this until the bailiff attended, it may be worth making an application to have judgment set aside and also ask for a stay of execution - this will put a temporary stop on execution etc. Also you may wish for an examination of fees - outlined severla times on this forum
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To get a bit of breathing space it may be worth also pointing out to the HCEO that the name is incorrect - they will often say this is a typing error, but really if the name is incorrect they would have to return it to court for amending but this can be done very quickly. As previous comments I suggest that you send a notice of claim on the goods in your house etc., and put in writing that that the company has no assets at your property. Also invite the claimants to wind your company up - and I think you will find it stops there! It will cost far too much for them and unless they are insured against companies going insolvent (which most don't) they will wite if off.. Good luck!
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Limited company means limited liability - SIMPLE! HCEO cannot seize your personal goods from your address - but be mindful that if there are any good that belong to the company (such as vehicles, office equipment - sperate from your dwelling) they would be able to levy and seize them. I would suggest that you write to them explaining this and make an offer - should keep them off your back!
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If the car is on hp then they can take it back and you will still be liable for the debt. If you go bankrupt you will still have to give up the car but the other charges etc. will be wiped out. It is a serious thing to go bankrupt and I would suggest that you take some advice first especially if you have any preoperty etc.
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It is good advice to make an application to have the judgment set aside if you believe that you have a case. There is a fee payable for this and I would also suggest that you ask for a stay of execution until after the hearing date because an application to set aside does not stop proceedings unless a stay has also been granted. When you have made the application you will get a notice from the Court and then send this to the HCEO concerned.
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