Jump to content


  • Tweets

  • Posts

    • Thanks DX,    I will update if they outsource to another company or issue any of proceedings (unlikely I know)    cheers, 
    • go up on your UC log-in it should tell you if you are entitled to free prescriptions. if you are, then yes  and yes go get all your moneyback.    
    • I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect.   they man the barriers at peak times, when people have purchased their permit to travel at a peak time travelled at a peak time arrived at their destination at a peak time.   thus they prevent: [loss of revenue] the traveller simply paying for an off peak fare when they just travelled in peak time [and most probably are a worker] getting an off peak return when they are travelling back home in peak time [worker returning home]     in other words ..fare dodgers.   your intended return was off-peak, but you didn't tell them.. we'll never know when your permit to travel was purchased nor if you travelled in peak time....but as from about post 5 i'll hedge my bets..   yes you are entitled as others may well be, to a refund because you were returning off peak but if you don't tell 'em…….   as for our experts , its either they are on holiday, which is none of our business or they sussed you out a longtime ago and don't want an argument here that they have 1000's of times in their regular work....   anyway  I've said all this from the start this thread is getting boring and repetitive.   dx ...    
    • @BankFodder and @BazzaS Thank you for your responses ~ I take on board all that you've said, and can only apologise again for all the narrative.   My nephew who's been [supposedly] dealing with this for over 6 months, unfortunately didn't have the experience and was consequently taken in by them and the way they 'operate', and he consequently let me down massively including through the Ombudsman this 2nd time: * 2nd Complaint with Ombudsman initially registered 11/04/2019 but, not registered properly until 15/04/2019 through their helpline (by this time my nephew, who was down as my rep for the Ombudsman, too, and the preferred contact, was away and out of the country until 07/05/2019, which was the day before the ombudsman's system had given for all evidence to be in). * Eventually after asking for and being granted 2 or 3 extensions all evidence had to be submitted by the 28/05/2019, though I was still able to keep adding evidence which would supposedly be taken into consideration (it wasn't...don't think any of it was, and it didn't take me long to work that one out!) via the messaging system. * On the BH Saturday (25/05/2019) during a phone session with my nephew in a last ditch attempt to try to get the evidence on the site, he ended-up really pushing my boundaries over this (I've finally had EMDR last year for all the trauma I've been through and that had finally kicked in)...I ended-up calling my nephew a patronizing [and might have used the F word!] prick and turning the phone off. Haven't spoken to him since, or the rest of my family, am only communicating with them through emails, texts and messenger on Facebook, and am intending to keep it that way until I'm god and ready. * The Ombudsman eventually issued his decision on 05/07/2019 (N.B. During this time he'd contacted me twice on the phone, thus bypassing my nephew's status as npower have been doing for years, including in the run-up to my lodging the latest complaint with the Ombudsman). * Npower appealed the decision on the 11/07 (the arrogance of that will strike you once I get the chance to upload the evidence I've been accumulating over the time my nephew has been 'dealing' with them and subsequently), I appealed the decision on the 18/07, which was the day before the final 14 days to appeal were up (N.B. During our 2nd converation, the Ombudsman had told me, whilst prefacing this with "I probably shouldn't be telling you this..." 🤪, that if I left it until the day before, I'd then have another 14 days whilst he considered the 'appeal' and then, even after that, I'd have recourse to appeal to his manager if I felt he'd got something wrong!!..........Yeh right! 🤬). * In the end he rejected both of our appeals and this is the basis of his response on the 01/08/2019, which he'd taken to be a relatively simple billing issue, along with my not having understood my bills and never having paid enough all along (NOPE!):- "Some of the bills are shown differently on the spreadsheets, but the information is the same. For example, on the first spreadsheet there is a bill of £3,032.40 on 4 October 2018. On the second spreadsheet there are three bills issued on 4 October 2018 for £677.33, £678.30, and £1,676.77. These three bills add up to £3,032.40. I appreciate that this can be confusing for customer’s, but this is something I did cover in my original decision. Whilst I acknowledge npower’s point that a manual bill will essentially contain the same information as the bills previously issued, it is the way in which the information is presented that is crucial to assisting the customer to understand their account better. After considering the appeals from you and npower, I can see no justifiable reason to change the decision, which I maintain is fair and reasonable for both parties, based on the evidence I have reviewed. I confirm that Ombudsman Services: Energy’s full and final decision is that npower should: • Issue a letter of apology. • Apply a credit of £120.00 to account 142309111 for the two failed appointments in 2015 in line with the terms of the Guaranteed Standards of Service. • Apply a goodwill gesture credit of £200.00 to account 142309111 in recognition of the shortfalls in service. • Provide the customer with a manual bill to show a clear breakdown of charges, payments, and credits on account 142309111 for the period from 19 February 2013 to 19 February 2019. We have now reached the end of our investigation process and there is no further opportunity to appeal. You now must decide if you agree to accept our decision in full and final settlement of the complaint."   * I haven't accepted it (why would I, when it's based on lies; npower breaching every SLC and Customer Obligation going with me; the GDPR and former DPA; fraudulently altering my data to fit in with their narrative; obfuscating, kicking-up a dust-storm, using bullying and harrasment every time they're challenged, all with the intention of trying to put the onus of responsibility for .managing. my account back onto me and save themselves coming under further scrutiny with Ofgem...though they're so far behind what has gone-on with this company over the years and/or they just don't want to unsettle their "Dear Stakeholders", especially with one of the Big 6; and all whilst I've been finally able to get the very damning evidence together against them?!). I'm about integrity and having a moral compass ~ everything this company isn't and lacks ~ and I will no longer compromise that for anything or anyone, particularly not this shower of 💩s in npower.   So yes @BazzaS I " a) want to take action" and furthermore, I believe I've got a very good case against them with your help.   Again thank you both for your support and I'll start on the bullet list over the week-end and also start uploading evidence (I've got rhemes of it on a USB stick, which I'm currently redacting the important ones of).   GM  
    • Hello.   I have received one of these penalty notices  for a prescription from several months ago.  I usually have a prepayment card but they're saying it may have expired, which it could have done.  Unfortunately, I can't find the card itself so I can't confirm.  I was going to pay the penalty on the grounds I may have carelessly let it expire but on the website for paying it says I may be entitled to free NHS prescriptions as I'm claiming Universal Credit.  I can't recall which elements but I suspect it's child tax credits and possibly something due to not high salary.   I'd never considered that I may be eligible but if this is true, then I may have been buying the prepayment card unnecessarily.  Which makes me wonder if I can avoid paying this fine because even though I ticked the box to say I have a prepayment card, which was technically not the case if it's expired, I may be eligible for free prescriptions.  Assuming I am, which I will try to determine next week for sure, do you think I can appeal the penalty based on the wrong box being ticked but ultimately it not be a fraudulent claim because I am entitled to them free anyway.   Does that make sense?  Your thoughts on the matter are all appreciated.
  • Our picks

medievil2003

URGENT Help - Sheriff turned up at my house - LTD company debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2073 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites
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???? :???:

Share this post


Link to post
Share on other sites

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 ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...