Are they bailiffs? What can I do, please?

[Mrknoble]

Hi all, I'm new to the forums and have a current problem I'm looking for some advice on.

 

I was working for a company which ceased trading the middle of last year and was offered a position managing a new company that the former director (my spouse) and the company secretary (her accountant) set up in new premises. Nothing was done in an underhanded way, this was a genuine 'fresh start' scenario and no one was left unpaid from the former company, or so it was thought.

 

After spending a couple of months setting up the new premises the new company was incorporated 4 months ago and all started well. Last week I had 2 men walk in to the business and tell me that they were there on instruction from the former companies local authority for non payment of business rates ammounting to just over £4,000. I told them that I had been manager of that business but this was not the same company. They would not take my word for it as the names are similar, the new company has a long name which for ease I'd abreviated on a makeshift sign in the window and the abreviation is spells the word of the former company. Naive it may have been from a legal view point but as we had not perceived any problems arising we went with a name that former customers and suppliers would still relate to.

 

I phoned the company secretary who spoke with one of the 'bailiffs' and told him this company was not the former one and had been incorporated in it's own right but that has not put them off. Their paperwork says they are Civil Enforcement Agents rather than bailiffs, I don't know if there is a distinct difference but while I was getting in touch with the company secretary, one of the men walked out of the office and during my call, listed the equipment and items here. A while after they left, he walked back in and gave me an envelope containing a notice of siezure of goods and an unsigned copy of the list of goods he had made (I had not signed anything).

 

The company secretary called in later in the day and took the papers then sent them back to the 'bailiffs' with a covering letter explaining this was not the company they claim an order was made against and enclosed a copy of the certificate of incorporation for the company as well. Today I received a letter from these Agents/bailiffs saying if they do not receive payment by the start of next week they are returning to remove the goods.

 

Any suggestions on what I should do? I've looked back through paperwork of the old company, the business rates were not in arrears and they were paid monthly by DD up to and including the month that the company ceased trading so I'm not yet sure where this amount of debt is supposed to have arisen from but while I shall be contacting that local authority to find out what's happened, I'm worried that things will progress beyond my control before I get any answers.

[The Watcher]

The new company is a separate legal entity ... the bailiffs have absolutely no claim against it as far as I can see.

 

If they return call the police.

[Mrknoble]

Thank you for your view, it is one I share though I'm still concerned that they did gain access to the companies premises the first time, I have read on a link from this site to a document issued by the Devon & Cornwall police that a bailiff can gain entry by force to enforce distraint on the goods they listed if they have been granted or were able to gain access previously. (health and safety aside, it is not practical to keep the doors locked on a business and at the time they walked in we were in the process of unloading a lorry so all the doors were open anyway)

[chris600uk]

yes that's true, but they were visiting the wrong company so it doesn't count.

Put another way, they were chasing a debt that wasn't yours.

Unless I've read it wrong:)

 

If not all the advice you've had so far looks good to me:D

[Michael Browne]

See here for advice about making a complaint about bailiffs:

Bailiffs: Complaint about Certified Bailiff - Consumer Wiki

[tomtubby]

If the previous company was a Limited company then you should write a letter to say that if their companies bailiff's continue to pursue your company that you will be considering a Form 4 complaint to the county court that granted their certificates.