Need help to close Limited company after visit from Enforcement officer

[rdmanagement]

Many thanks for this..........I was planning a trip to Northampton County Court; I didn't realise you can do it anywhere?

[ploddertom]

List any questions you have and we will try our utmost to help.

 

PT

[rdmanagement]

Many thanks so far Ploddertom.

 

Assuming I get the judgement set aside and the 'stay'; what next?

 

I posted all the details of the case on the forum the other day, and the consensus was that the case is a little complicated, and one that I may not win. Is it a simple case of closing the company, and all my problems go away?

[ploddertom]

Many thanks so far Ploddertom.

 

Assuming I get the judgement set aside and the 'stay'; what next? Depends on what & if the Judge orders.

I posted all the details of the case on the forum the other day, and the consensus was that the case is a little complicated, and one that I may not win. Is it a simple case of closing the company, and all my problems go away? just because the Co closes does not mean the debt floats

 

There is no guarantee you will be given either a Stay or Set Aside. Having said that the Stay can be granted solely on the basis you cannot afford the Fees charged - this Order can even be made absolute but mostly they are given until such time another event happens - Set Aside for example.

 

Whilst Set Aside can be granted for not having received the original Court papers, some judges look beyond this and want to know could you have paid up at the beginning, did you actually ever owe the debt concerned, is the amount claimed correct etc etc. There is no good applying for Set Aside only to be back in the same situation again as you could not pay. If your debt is for a Ltd Co and you did not personally guarantee it then they probably stand no chance anyway.

 

PT

[rdmanagement]

There is no guarantee you will be given either a Stay or Set Aside. Having said that the Stay can be granted solely on the basis you cannot afford the Fees charged do you mean the court fees ?- this Order can even be made absolute but mostly they are given until such time another event happens - Set Aside for example.

 

Whilst Set Aside can be granted for not having received the original Court papers, some judges look beyond this and want to know could you have paid up at the beginning, again, do you mean the court fees or the debt?, did you actually ever owe the debt concerned, is the amount claimed correct etc etc. There is no good applying for Set Aside only to be back in the same situation again as you could not pay. If your debt is for a Ltd Co and you did not personally guarantee it then they probably stand no chance anyway. Should I put more details about why I don't believe I owe this money, or would that be too much information for the Claimaint at this stage?

 

PT

 

Many thanks again.

[Bigdebtor]

Can those adviseing onthsi thread please see if you can help me too?

 

Thanks

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315697-How-can-I-get-the-VATman-to-accept-the-real-world-situation&p=3514048&viewfull=1#post3514048

[rdmanagement]

Hi,

 

Before you read, please be aware that I'm writing with regards to a Limited company to Limited company dispute. If you would like to know the whole story, then please feel free to read my only other two posts in the last few days.

 

From my experience today, it seems you cannot go to just any court in the land to set a judgement aside and/or stay of writ without first having the case transferred from the issuing court; in my case it was Northampton County Court Bulk Centre.

 

As I was told a few hours ago, it is at the local courts discretion to phone Northampton Bulk centre and ask for the case to be transferred to them so that a judgement or writ of stay can be dealt with at the local court. Given the current financial strain on Local councils, and it being a Friday afternoon, my local county court told me to speak with Northampton Bulk Centre as they could not deal with it and they promply produced a print out from a 'gov.uk' website that said something about a 'stay of writ' being dealt with at the issuing court.

 

Anyway, I got home and straight on the phone to Northampton. They explained that I had to fill out form N244 twice (£80 x2), one to set the judgement aside and another because the Writ of Fi Fa was issued by the High Court which incidently can be issued to a Directors personal address.

 

I must say that Northampton Bulk Centre whose help teams I've spoken with 3 times now are quite helpful, and apparently I was on a Priority list (thankfully), so I paid them over the phone, emailed them the two forms, and was told that whilst my forms are being processed, Marston Group, the HCEO cannot enforce the Writ of Fi Fa (i.e. cannot turn up at my house to take things away), and that their system automatically notifies them of this. As much as I'm grateful to Northampton Bulk Centre help desk, I'll still be phoning them on Monday to ask for an update.

 

Also, because its a company to company dispute, the local court to which it will be referred to must be the Claimants and not mine.

[dx100uk]

several threads merged

 

dx

[Bigdebtor]

Guys

 

I have had some help from various posters on this thread - but things have just got a lot worse!

 

Can you please go to the attached link and let me know if you can help at all?

 

I'm in Scotland - but any general help also appreciated even if it might just be in English Law.

 

Thanks

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?329855-I-m-getting-pursued-personally-for-debts-incurred-by-my-failed-limited-company.&p=3642760&viewfull=1#post3642760