Ibsys' Van

[Ibsys]

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Something I have been looking for is "third party debt". A sherif has been to enforce a company debt and he thinks he can take my van. He is trying to claim a company debt by taking a personal item. The van is registered to me in person. He will not listen to the points I make and I have legal documents to prove ownership but he said he is coming back to take it. I said he isn't. I have been advised if he does take it i can have a court order to get it returned and he can be sued. I don't need the hassle so should I get a statutory declaration of ownership and what if does not take notice of that? Notwithstanding I have e-mailed his company twice with the documents and payment proposals even though the service I received from the creditor is in question. The creditor is a solicitor who would have been paid if the bank had not pulled the OD without notice and the original court case is still ongoing.

[Rooster-UK]

I have started a new thread with your post.

You should get more help, that way.

 

Regards, Rooster.

[Guest Happy Contrails]

Your post doesnt say what sort of a bailiff you are dealing with, my thoughts suggest an HCEO, more: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

If you pay a loss due to the unlawful action by an HCEO then you can fle a claim in the county court. Get advice in whether personal effects can be levied upon for a company debt. Limited Companies - Main Menu

[Ibsys]

Your post doesnt say what sort of a bailiff you are dealing with, my thoughts suggest an HCEO, more: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

If you pay a loss due to the unlawful action by an HCEO then you can fle a claim in the county court. Get advice in whether personal effects can be levied upon for a company debt. Limited Companies - Main Menu

 

He is a HCEO. I have been talking to a business debt line where I asked "can a personal item (Van) and registered to me personally be taken in lieu of a Company (Ltd) debt?"

 

the answer was "no, it as a third party debt and so a personal item cannot be taken for the Company debt and if this happens where it is taken then I can apply for the return of the van and claim damages from the HCEO" My only problem is he won't listen.

 

He has said I should make arrangement to pay the debt. I have e-mailed his Office twice. Once with a file proving my ownership of the van and the first e-mail with a proposal to clear the debt. No response. I have also e-mailed the creditor and no response. He has been three times since then and not responding to any correspondence or any statute.

 

If I was self employed then the Supreme Courts Act 1981 Section 138 (3A) applies but I am told this is an ownership issue which prevents him taking it. He just argues.

[Guest Happy Contrails]

If he doesnt listen then thats his problem, its his liability insurance (if he has one) that picks up the bill when you file a claim for a new van & obstruction of the normal course of your business. Write everything down and keep accurate records of your dealings with the creditor and the HCEO.

[Ibsys]

If he doesnt listen then thats his problem, its his liability insurance (if he has one) that picks up the bill when you file a claim for a new van & obstruction of the normal course of your business. Write everything down and keep accurate records of your dealings with the creditor and the HCEO.

 

I keep all paperwork and e-mails. This debt arose where I commisioned a solicitor to work a case for us in the Ltd Company which is why the debt is to the company. When I was just about to pay the amount of the bill, the bank, Lloyds, after receiving a large sum of money into the account then anounced I was not going to be allowed to pay any bills and without warning.

The debt is for £1950 and I see the costs on his sheet are about £1100.

[Guest Happy Contrails]

Have you contacted the Law Society, the fees seem rather high for a debt of £1900. I dont know if you are personally liable for a comnpanys debts - I suggest you speak to an expert.

[Ibsys]

Company debts are company debts with a clear distinction. The only things a director are liable for are secured debts, (secured overdraft, loan etc) Business debtline says this is a company debt and the van is a personal item, on the log book DVLA, loan account and receipt in personal name.