High court walking posession arrived today

[alexkbj]

Hello all,

 

I'm hoping I could be given some guidance.

 

I received paperwork today from the high court:

 

. form 55 - notice of seizure

. walking possession agreement

 

The amount is for 16K which is a debt owed to a supplier by my company.

 

In short, we were never paid by our own client, and hence the debt has fallen at our feet.

 

My company hasn't traded for near 2 years now (though its been kept active for future use) and unless things pick up pretty soon,

I'm going to apply for job seekers allowance.

 

The recession single handily ruined my business and all my financial freedom.

 

The bailiff hasn't entered my home (yet) and I haven't signed anything,

I spoke on the phone to him and he said I need to send a proposal of payment to The Sheriffs Office.

 

I'm wondering what to do next?

My company is dormant so should I, at first,

strike it off?

Or should I consider bankruptcy/liquidation.

 

I don't know the best course.

 

Though the debt is registered against the company, the address they attended is my home.

 

I rent the property and as such nothing, apart from my clothes and a TV, belong to me

- how can I be sure they wont attend to take my landlords goods?

 

Should I email a copy of my apartment itinerary to prove 95% of what is here, isn't mine.

 

My vehicle isn't registered in my name or company but I guess I should think about moving it whilst this goes on.

I basically have no assets.

 

Is the best course to register unemployed and make this known to the claimant, go bankrupt or make an offer of repayment as best I can right now.

 

I need to make the claimant understand that any offer I do make, is going to be the only amount I can afford.

 

Certainly if I go bankrupt or register unemployed, the amount offered is going to be ridiculously small, whereas, if I try to claw back my business,

the amount will be certainly a little better.

 

With many thanks in advance.

Edited May 9, 2012 by dx100uk

[SWLABR9]

WEen you say 'your company', is this ltd or sole trader or what please?

[alexkbj]

Hi - the company is a LTD company, I should have mentioned (I'll edit in the original post now)

[ploddertom]

How was the account with your supplier arranged? Some make you sign a personal guarantee whereby you become liable otherwise the debt lies with your company. The HCEO may attend your home address if he believes there are goods there that belong to your company or if arranged as a personal guarantee can do so anyway. Regardless of what the paperwork says there is nothing that says you have to allow him access to your home, unless invited in he can NOT force entry. He may however force entry to any detached outbuildings. Are there any goods or assets at your business address, providing this is not attached to your residential premises he may force entry to find out.

 

PT

[alexkbj]

Yes the company became liable for the entire debt unfortunately, I dont know how they got hold of my home address. So the debt is to the company of which I'm the named director. The office I used to run from has now closed and there are no assets there either, its an empty shell. There are certainly no goods at my home address that used to belong to the company, I suppose my laptop could be deemed as being so but thats honestly it.

Edited May 9, 2012 by alexkbj
Extra info

[ploddertom]

How is the Form 55 addressed? Just as the Ltd Co or is yourself listed also?

 

PT

[ploddertom]

Have a read

http://www.thesheriffsoffice.com/articles/the_importance_of_suing_the_correct_entity/

[alexkbj]

Its addressed to the limited company but at my personal address, not the registered company address. There is no mention on any documents of my personal name and surname.

[alexkbj]

Wow. I read the document. On my paperwork it is to:

 

My Company Limited (Defendant/Debtor)

[ploddertom]

I'll look back in later as have appointments this afternoon.

[alexkbj]

Thank you, much appreciated.

[alexkbj]

Hi - any further thoughts here?

[bigal007]

If the debt is in the company name and you are not a guarantor the sherriffs men can not enter your property. They have no right of entry to any residential dwellings only business premises and if they say they have then they are lying.

 

It could be that the creditor is trying to claim off an insurance policy and so has had to take the matter to the high court, cant see any other reason for chasing a company that is not trading and as no assets.

 

Lastly, dont worry about this, you should inform the sherrif that there are no goods belonging to the debtor, ie the company at your address. If they still attend then simple do not open the door to them, if you do they can enter and seize goods, it is then on you to prove they dont belong to the debtor, avoid this distraint by not letting them in, remember they can NOT force entry into a private dwelling residence.

 

hope this helps.

[alexkbj]

Thanks for this bigal007 - I'll speak with them tomorrow and state that the debt is in the LTD company name and there are no assets belonging to the company at my residential address. Should I strike off my company ASAP? It hasn't traded for a long while and was kept open only to retain the name. Its registered address is NOT my personal home residence.

 

Could a winding up petition be ordered? Not that I understand what that is but it was mentioned by the creditors solicitors back last year. Is it worth me making an offer of repayment to the sherriff? It would then be considered by the creditor. I could explain that the company is defunct, has no assets and that, I, as its director have no assets either. Finally, would bankruptcy be a sensible option for me or perhaps an IVA?

[wonkeydonkey]

If the Writ is made to your company and as company director you made no personnal guarantee to the debt, there are no assets etc then the Judgment Creditor can apply to make you bankrupt. Given your circumstances, then that to me sounds good as it saves you the costs to declaring yourself bankrupt.

 

The title of your thread say's 'walking posession arrived today' can I ask if the walking possession came by mail or did the paperwork come delivered by hand? Also who is the acting HCEO company? ...it is always good to know a little about the people your up against.

 

WD

[casbah31]

Also did you go to the court hearing?

[bigal007]

Why should you make an offer to pay the creditor if it isnt your debt, its the companies debt and the company is a separate legal entity which means you are not personally liable as long as you are not a guarantor personally, being a director does not make you automatically liable for a LTD companies debts, the opposite is true.

 

If you are in any doubt ring your lawyer in the morning and he will confirm this over the phone im sure

[SWLABR9]

So does this mean he can force his way into a set of garages, for example? We are a small block of flats here and the garages are in a separate building at the rear with individual unmarked garage doors. If a bailiff comes to any of our addresses at the flats, upon being refused entry could they then force entry into the individual garages?

[bigal007]

To put it simple they cant take anything that doesnt belong to the limited company, period, matters not where it is although I wouldnt recommend storing your personal possesions at a business premises as after they have seized them it may be down to you to prove that they do not belong to the company

[SWLABR9]

Thanks. What if it was a personal debt? Could they force their way into the outbuildings/garages/whatever then?

[wonkeydonkey]

YES....if they are detached from your main dwelling, and the writ names you not your company.

 

WD

[SWLABR9]

These would need to be proper bailiffs though, or could they just be ordinary DCAs empowered by the writ? Our garages out the back aren't numbered anyway so they'd need to know which was which I'd imagine.

[bigal007]

No they certainly can not force their way into your home or out buildings, they can seize cars that are on your drive or parked on the road, but essentially bailiffs of whatever kind certainly can not force entry into a private dwelling residence. Open doors and windows are an invitation to them so beware.

Of yopu or anyone else is worried by this then I to put your mind at rest speak to a lawyer, most will tell you this over the phone free of charge, the CAB will give you the same advice.

If these people turn up the best way to deal with them is not to open the door or engage them in any dialogue, they will soon get bored and go away.

[SWLABR9]

That's more in line with what I'd heard, thanks. Anyone else?

[wonkeydonkey]

No they certainly can not force their way into your home or out buildings, they can seize cars that are on your drive or parked on the road, but essentially bailiffs of whatever kind certainly can not force entry into a private dwelling residence. Open doors and windows are an invitation to them so beware.

Of yopu or anyone else is worried by this then I to put your mind at rest speak to a lawyer, most will tell you this over the phone free of charge, the CAB will give you the same advice.

If these people turn up the best way to deal with them is not to open the door or engage them in any dialogue, they will soon get bored and go away.

 

I would suggest than rather than give incorrect advice you research the matter carefully....you will sadly find they can break in to outbuidings and garages as long as they are detached from the main dwelling, remember you are dealing with High Court Enforcement using a writ of Fi Fa' not a snotty little debt collector or a know it all Baiiff. the poster would be wise to question your knowledge to High Court Enforcement before they find themselves even deeper in the mire!!!

 

WD