Sheriff turned up at my house - LTD company debt

[medievil2003]

Hi everyone,

 

My bad luck does not stop!

 

I run a LTD company and we done a refurbishment project a good 6 months ago, the customer didnt pay in full and we were owed about £40k , one of the creditors (electricians) started proceedings against us...we were late in sending the response pack but explained with enough reason to their solicitor. We came to an agreement to pay 5 consecutive payments, 2 were paid and then we couldnt afford to pay the other 3 and explained the situation again.

 

Out of the blue, we got a judgement for claim which goes onto say about the CCJ etc, that was received only 3 days ago.

 

Today, we had a knock on the door (i work from home) and the guy shows his sherriff badge and explained what he is doing here, to chase the above debt....I explained its a LTD company and that the only asset the company has is a 10 year old PC, nothing else in the house is in the company name (i work from home as i mentioned but live with the parents!), he then asked to see proof of ownership for the car on the drive which i gave, he then goes onto say "Because i am in a good mood today, i wont call the team with a truck to empty your parents house" so he has given me 24 hours to come up with £5.5k which is IMPOSSIBLE.

 

I think it's a bit much what he has done threatening to take everything in the house!

 

What can they actually do? As i said its a LTD company that has no money in the account!

 

Your urgent response is much appreciated.

[renegadeimp]

Did you, as a director sign a personal guarantee? If not, he can only take the business assets. Get a stat dec done, and tell the obviously retarded bailiff to bugger off. Sounds like he is one of the rogue ones, who became a bailiff due to sheer greed.

[sgtbush]

are you, personally named in the writ or the company?

[medievil2003]

I've signed no guarantee at all with anyone. I thought he was threatening, at the end of the day he wants his commission, he even tried to get work from me by saying he will go to the customer who owes you money and take all of his personal goods but before he does that i will need to pay him in full.

 

Sorry to sound stupid here, but what do you mean by get a stat dec done?

 

What should i do now? he said i expect a call from you later on today if not tomorrow, as if he dont get a call he will come with the truck. lol!

 

The registered business address changed about 2 months ago and is currently in an empty office waiting for us to actually make it an office, when the claim was put through it was done at the home address but as the registered office is now changed, can they legally come to the house still?

 

P.S. Thank you so much for your quick reply!

 

When i started the company, i only formed it as myself as the director - i've never filled in any other paperwork that would show to make me a guarantee to anything. Sgtbush, the writ says to the director of ......company name.

[renegadeimp]

Most bailiffs are like that. They become a bailiff because they get too greedy and know that using threats and intimidation, bailiffs can make a lot of money.

 

Get a stat dec done to secure everything in your house. Then the only things he can take are items that belong to the business.

[Surfer01]

Can we assume that you are in Scotland as there are no Sheriffs in England or Wales?

[sgtbush]

its not a bailiff, its a HCEO formally known as a sheriff

[HCEOs]

As already stated, only goods belonging to the debtor named on the writ can be seized. If the HCEO has seized anything other than the companies goods you should make a formal claim to the goods in an 'interpleader claim'. Google it if you are not sure how to do it.

 

A 'Stat Dec' is not really appropriate here although it may bolster your interpleader claim.

[tomtubby]

Can you confirm whether or not the HCEO actually "levied" upon any goods.

[medievil2003]

I know this is long but here is the notice:

 

TAKE NOTICE THAT:

1. A formal seizue of the goods at this address has been made under a Writ of Execution directed to an enforcement office by the high court. The enforcement officer accodingly has conduct of the execution.

 

2. The goods seized are now in the custody of the enforcement officer, as an officer of court, and must not removed, sold or otherwise disposed of. This will remain the position until the sum due under the execution has been paid in full. The only exeptions are goods of the type referred to in Paragraph 9 of schedule 7 of section 99 of the court act 2003. (This section is set out below.) Enclosed with this NOTICE is a WALKING POSSESSION AGREEMENT in the form prescribed by law. You must read this agreement and sign it to acknowledge the seizure and hand it to the Enforcement officer attending your premises of return it to this office. Failure to sign the Walking Possession Agreement may result in removal of the goods seized without futher notice pending disposal by public auction.

 

3. This is the costs section

 

4. Payment must be made to this office in cash or by bank draft, payment by debit or credit card maybe accepted if the enforcement officer agrees but may subject to such charges (if any) as are made by his bankers for processing a card payment.

Please note that it is essential that Writ number...... is written on the bank of all bank drafts and quoted in any bank transfers.

 

5. If payment is not made and the execustion proceeds the enforcement officers of their agents will attent to remove the goods seized for sale by public auction or as the court may direct.

 

6. If any of the good seized are not your property, you must tell the owner about the seizure and he must write to the high court enforcement officers claiming the goods at the contact address below....

 

7. If any of the goods seized are subject to hire purchase or similar agreement, you must send full details in writing to the high court enforcement officers at the contact address below....

 

8. If any of the good seized are not liable to seizure by virtual paragraph 9 or schedule 7 of section 99 the courts act 2003 (set out below) this office must be sent full details in writing within 5 days of the seizure, or within such greater period as the court may in your application allow.

 

9. You must inform this officer if another bailiff seizes, levies on distrance the goods to pay another debt and you must inform that bailiff of that seizure.

 

10. You must also inform this office of any petition of bankruptcy or application to liquidate a limited company that may be have been or subsequently served on you.

 

11. Goes on to say about the list of goods seized....

 

Now, the worry i have here is if i am perhaps out - could this, as he called him self a Sheriff come in without us being here?

 

What is the next step here? How can i prove that my parents and i own different things in the house? Most things are years old.

[tomtubby]

You have certainly spend a fair while typing the above but what I was hoping to see was a list of the ACTUAL ITEMS that have been 'seized" ( such as TV Sofa, Car, Video, etc. )

 

Once we know what goods are listed it is a simple matter of completing a Third Party Claim. This does NOT need to be court action and is very simple. Please post back.

[HCEOs]

It would be interesting to also know which HCEO company this is as it may be one of these inexperienced small bailiff companies using an HCEOs authority.

[Ell-enn]

Your parents should have a statutory declaration done stating that all the goods contained within their house and land belong only to them and no other person. Affixed is a template SD which they will need to get notarised at a solicitors (I think it costs £10), any local solicitors/notary can do this. If I were you I'd get them to do it tomorrow morning. Once they have it done, take a few copies so you always have one to hand. You should then send the bailiff company one by special delivery - if he calls again show him a copy.

[HCEOs]

Your parents should have a statutory declaration done stating that all the goods contained within their house and land belong only to them and no other person. Affixed is a template SD which they will need to get notarised at a solicitors (I think it costs £10), any local solicitors/notary can do this. If I were you I'd get them to do it tomorrow morning. Once they have it done, take a few copies so you always have one to hand. You should then send the bailiff company one by special delivery - if he calls again show him a copy.

 

The OP makes no mention of his parents owning the property????

[Ell-enn]

Today, we had a knock on the door (i work from home) and the guy shows his sherriff badge and explained what he is doing here, to chase the above debt....I explained its a LTD company and that the only asset the company has is a 10 year old PC, nothing else in the house is in the company name (i work from home as i mentioned but live with the parents!), he then asked to see proof of ownership for the car on the drive which i gave, he then goes onto say "Because i am in a good mood today, i wont call the team with a truck to empty your parents house" so he has given me 24 hours to come up with £5.5k which is IMPOSSIBLE.

 

 

I assumed the op meant he worked from his parent's home ?