Enforcement Officer Home visit for LTD company debts - urgent advice please

[littlemonstersmum]

Thanks for this Ploddertom.

 

Although we are skint we are not entitled to a fee remission as we get child tax credit AND working tax credit! I have already looked into this for some other stuff!

 

Will put together a letter in the morning... getting to late for me now!

 

An N244 sounds like a solution as well but hopefully they will stop once they realise they are chasing an individual rather than a company.

 

Just one thing, do i mention my husband's name in this or just state they are going after the an individual instead of a company? If they come back and claim they CAN chase the director (possibly as per the terms and conditions that we no longer have) then we will have to think again.

[ploddertom]

 

Just one thing, do i mention my husband's name in this or just state they are going after the an individual instead of a company? If they come back and claim they CAN chase the director (possibly as per the terms and conditions that we no longer have) then we will have to think again.

 

You probably will have to, I still think the most important factor here is your condition!

 

PT

[Vicki202]

I personally would not give names if they are chasing him for this then they should already have it if they dont have it then they are chasig the company not your husband

[Fair-Parking]

The enforcer can only take action against the name on the court order. As it appears that the court order is not in your husband's or your name, as it does not appertain to your home address and as none of the items could possibly be associated with a limited company from another address, then this particular bailiff has no right to be anywhere near your property and certainly no right levy on anything there.

 

I expect he got the directors' names and home address from Companies House and knowing that there was no point in trying to levy against a defunct company, thought that he could short cut the system, not with the intention of 'justice' but so that he could act as a fraudulent bully and make personal gain through commission.

 

You can't stop an idiot with this kind on mentality arriving unannounced, but you can try one of two very effective methods to show him that his bully boy tactics won't work.

 

1) Don't open the doors but through an upstairs window use a two word communication which the second word is 'off'. Elaborate a little further by adding the word 'fraudster'.

 

2) Say nothing and simply stare hard and continuously at him through the window. Even the thickest finally get the message on that one.

 

Both methods show that you will not be intimidated, which of course is precisely what he trying to achieve.

 

Back to the drawing board for him which usually starts with him phoning the office and asking for advice and further instructions.

[littlemonstersmum]

This is what i propose to send to the HCEO company today by recorded delivery:

 

I am writing with reference to visits made by your enforcement officer Mr xxxxx

 

The defendant in question is a Limited Company and as such is not related in any way to the address visited. I have no knowledge of the judgment that has been made against the company and am not aware of the debt you are attempting to collect upon.

 

None of the items that have been levied upon belong to the limited company in question and as such cannot be subject to a walking possession order. In particular one item listed – garden swing – is an item that belongs to my son and is for his exclusive use. All items within the property belong to private individuals and there are no assets of the limited company there.

 

I am pregnant and due to give birth any time in the next 4 weeks. The undue stress these visits are putting on me and my family is not healthy and as a vulnerable person identified within the national standards for enforcement agents I request that any further action is ceased.

 

I am not sure if this is strong enough to say f*** off to them! I have never been an officer of the company so can put my name to the letter without risk of them trying to come back at me.

 

I am happy to get a statutory declaration but have no idea of where to go to do this. I assume it could be done at any solicitor but the last time we used one was several years ago!! I also won't be able to do this until next week and would really like to get the letter in the post today.

[ploddertom]

This is what i propose to send to the HCEO company today by recorded delivery:

 

I am writing with reference to visits made by your enforcement officer Mr xxxxx

 

The defendant in question is a Limited Company and as such is not related in any way to the address visited. I have no knowledge of the judgment that has been made against the company and am not aware of the debt you are attempting to collect upon.

 

None of the items that have been levied upon belong to the limited company in question and as such cannot be subject to a walking possession order.

 

As you never signed a Walking Possession you should address this as a "levy" instead. The chances are they will reply they can and it is up to the owner of the goods to claim and prove they own them.

 

In particular one item listed – garden swing – is an item that belongs to my son and is for his exclusive use. All items within the property belong to private individuals and there are no assets of the limited company there.

 

I am pregnant and due to give birth any time in the next 4 weeks. The undue stress these visits are putting on me and my family is not healthy and as a vulnerable person identified within the national standards for enforcement agents I request that any further action is ceased.

 

I am not sure if this is strong enough to say f*** off to them! I have never been an officer of the company so can put my name to the letter without risk of them trying to come back at me.

 

I am happy to get a statutory declaration but have no idea of where to go to do this. I assume it could be done at any solicitor but the last time we used one was several years ago!! I also won't be able to do this until next week and would really like to get the letter in the post today.

 

Stat Decs can be done at any solicitor/commissioner for oaths - approx £5/£10 you will need some extra notarised copies. As it involves County Court you can also have it done - usually for free - at your local County Court Office.

 

PT

[littlemonstersmum]

Thanks PT!

 

I will amend as suggested

[littlemonstersmum]

UPDATE!

 

Well it seems the enforcement company seem to be trying a different tack! Today my husband had a phone call at his office and on his mobile from Andrew Wilson and Co.

 

The previous business was an online retail store and the website has been continued with new owners, a new director and all new bank accounts. The ltd company name has been changed but the original website address and 0844 telephone number is still the same. There is nothing in the new company to link my husband to and he now works for a totally different company and is nothing to do with the new one. The company my husband now works for is however owned by the director that took over the website and it is run from the same office.... So this does complicate things although i don't think in a big way as they really are separate entities.

 

He ignored the call on his mobile but did speak to the person who called the office landline. He told them he didn't have any contact details for the director and they could just leave a message. He should have told them it was nothing to do with him but as he has a knowledge of someone chasing him he didn't think quickly enough on his feet. The voicemail he received is asking him to call them back with a proposal of how he plans to repay the debt!! He didn't give anything away but came home telling me he's going to call them back tomorrow.....

 

Just to clarify i assume he should do nothing and wait to see if anything turns up in the post? We really don't want any bailiffs turning up at the new office as there are several companies in there and no doubt they will hassle everyone they can.

[ploddertom]

Make no calls unless the conversation can be recorded. Answer any question with a question and neither confirm or deny who you are. They cannot discuss the debt with someone they can't confirm.

 

PT

[littlemonstersmum]

Thanks! I have told him not to speak to anyone and NOT to call them back!

 

They are clutching at straws and of course will do anything they can to get the money back from whoever they can. As long as we stand firm then there is nothing they can do.

 

No mention has been made by them about a personal guarantee from the director (of the old company) so i am assuming this was not on the account forms/terms and conditions. They do know my husband was a director so would have expected them to go down that route if they could. Maybe they will work that out later! I have no idea how a personal guarantee works and as they have taken the company to court they may have to go back to the drawing board and take him to court as well? Seems an awful lot of effort for what was a £700~ debt!