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High Court Bailiff enforcement - advice please


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I have a small company (one man band). Had a dodgy supplier who was very obviously overcharging for two years (easy to prove). Dispute went to County Court. I responded to claim, thought it had been settled, but unfortunately I was traveling for quite a while and missed a notice from the judge so when I arrived back there was a judgment against my company. I have just applied to set judgment aside showing my plane ticket! And showing what the supplier was doing.

 

Today I find through the door that there is a Bailiff notice and its a High Court one. The judgment is just over 600 quid but with all the charges the Bailiff is claiming almost 1300. I could pay the money (am not flush though) but am darned if this dodgy supplier is going to get away with it. Even though I've been pretty ill recently.

 

Advice needed:

Do I respond to bailiff at all? eg. send them fax telling them that have applied to have judgment set aside?

Are they likely to come back soon?

Our office space is sublet from another company, so the stuff in the office is the the other company's - but heard horror stories about bailiffs breaking in. How likely given two companies?

They also list my home address on warrant which is just wrong for a company surely? Will they go there as well? Do I notify them they shouldn't?

 

Also it's a lesson that no good deed goes unpunished. After a chat with supplier at start of court case I thought we'd come to settlement. I had planned to complain to Trading Standards, but changed my mind. Given the way the supplier were overcharging us they must be doing it to all their clients. Have lost my goodwill. Trading Standard here we come.

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You as a director and your company, I understand, should be treated as separate entities and unless there are some issues as to how you have been trading I don't see how you can be tied into action against your company.

 

I think this requires the help of someone more knowledgeable.

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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.

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Home address has never been registered office. Never traded from home address.

 

So far they just shoved paperwork through letterbox yesterday. They have not been inside.

 

Not sure if I did the right thing: I sent a fax to bailiffs this morning putting them on notice that application to set aside judgment is pending and that the home address has never been used for trading and is inappropriate. Maybe that will encourage them?

 

What I want to know is under what circumstances they can break in - heard horror stories and believe they are allowed to for a company. Do they have to have been inside before or is that just a theory?

Is there a web site that clearly sets out all this stuff?

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Home address has never been registered office. Never traded from home address.

 

So far they just shoved paperwork through letterbox yesterday. They have not been inside.

 

Not sure if I did the right thing: I sent a fax to bailiffs this morning putting them on notice that application to set aside judgment is pending and that the home address has never been used for trading and is inappropriate. Maybe that will encourage them?

 

What I want to know is under what circumstances they can break in - heard horror stories and believe they are allowed to for a company. Do they have to have been inside before or is that just a theory?

Is there a web site that clearly sets out all this stuff?

 

something is not correct here. please check out the actual defendant of the claim. To me it sounds as the claim is against you personally. If it is against the company there is no reason in the world the bailiff would go to your private residence. That would be unlawful and as a matter of fact there are much better means to get to either your money or assets. They could make the company bankrupt or put an administration order on it. freeze your bank accounts and so on...

 

It sounds to me as if they gone after you privately why if l were you l would make sure that l have not signed some form of personal guarantee pertaining to your dealings with the supplier.

GR

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  • 4 weeks later...

The HCEO Bailiffs are perfectly entitled to attend you home address even if the debt is for your Ltd Co. If they believe there may be assets there, they are not breaking the law. Many people have computer and office equipment and company vehicles at there homes.

 

The Bailiffs cannot enforce against you personally as a Director, unless you have signed as guaruntor.

 

An application to set aside judgment does NOT stop enforcement.

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who's name is on the court order because if it has your name on and the account is in the company name it will get thrown out dont sign anything dont let them in your office or your home carry on having it set aside if your car is your own send them proof of purchase to make it clear that they can't take it if it is on HP send that aswell

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