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Hi

 

My mum's limited company wound up a year ago and she hasnt traded since then. She sold everything off pay most creditors and this went through liquidation etc. Her business rates werent paid.

 

Yesterday a debt collection company came to her house and told her that she has 5 days to pay up otherwise they will seize the cars on the drive.

 

1 car hers which is on Hire Purchase

The 2 trucks are registered to her hushand who has nothing to do with the company.

 

What can she do to stop this action please????

 

Thanks in advance

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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1. He cannot take the hired purchase car, thats safe.

2. He technically cannot take her husbands car but may make a levy on it and charge for it because she is married to him.

I suggest she calls the bailiff with this info and tell him he cannot take the vehicles because of those reasons.

I presume that this is a NNDR, the same rule applies with the bailiffs as with council tax.

I suggest that your mum write to the council and explain the situation.

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Could you be a bit more specific.

 

As you say this company was a Limited Co. In which case I cannot see how they could be pusuing your friend as the Coul Tax (NNDR) should have been in the name of th Limited Co.

 

You say that debt collectors have beenin touch. These should be Bailiffs.

 

As this was a Limited Co then all enquiries should be sent to the liquidato.....not your friend.

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Thank you

 

What is an NNDR?

 

Surely they cant take hubbys trucks as they have never been anything to do with the company nor has he. I thought that it would be her liquidators job to sort this out when she sold the building and paid most of the creditors.

 

Is there any laws I can quote as well to make it look like at least she knows what she is talking about in the letter

 

Thanks :)

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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Share on other sites

Mum just rang me up in a panic earlier about this saying that she had a door stop visit to tally up the cars on the drive and then they dropped a letter to her today called 'Notice of Seizure of Goods' Obviously I am now worried for her giving her 5 days.

 

I asked whether she had received anything official looking from the courts and she said she had but because it was to do with the company and it had cease trading she just binned it!

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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Share on other sites

Just asked its addressed to Company Ltd/Her first name/Whisby (thats her old addy)

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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Share on other sites

Are you certain that the company was in the name of a Limited Company ?

 

You say that the company was Liquidated. However, was a Liquidator appointed? This part is important.

 

In Insolvency Law, NNDR ( National Non-Domestic Rates or "Business Rates") are termed as "non- preferential debts" and therefore unless there are many assetts within the business, the Business Rates of a Limited Company are written off.

 

Regardless of the amount of the debt,once notification from the Liquidator has been made to the Council, they will always submitt their claim for unpaid Council Tax . This will of course stop any bailiff action immediately.

 

Bailiffs CANNOT PURSUE THIS DEBT IF THE COMPANY WAS A LIMITED COMPANY.

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I am 1000% sure the company was in the limited company name. And an administrator was appointed not liquidator as far as I am aware. The building was sold to clear off most debts outstanding and then she no longer traded.

 

Do you have a letter of some description please Tom that I could send them or what should I put in the letter to them.

 

I know mum gave them the administrators name, however they still came back the following day with the Seizure letter or should she ring the council involved direct and tell them?

 

Thanks

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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Share on other sites

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