Backdoor Screwfix Trade Card & Personal Guarantee CCJ - Now Bailiffs

[ryanrichardson]

Hi

 

Back in 2009 me and my South African business partner started a company called ##### Ltd.

 

we done well in our 1st year and we're advised to become a Ltd Co by our acc.

 

My business partner was sole director for the 2nd year of business and

I became a director at the start of the 3rd.

 

The 3rd year went well also and we started to acquire a few trade/credit accounts, all of which we kept in good stead.

 

Coming to the end of the 3rd year my business partner starting acting strangely,

not arriving for work and when he did not in a fit state for anything!

 

We eventually parted company by the beginning of the 4th year and had him removed from the directors list.

 

He was more on the financial side of the business, running the office/orders etc, and I was out on the tools.

 

It wasn't until his demise that I found that he had taken out 3/4 credit agreements

(2 x trade acc and 2x company cards 1 of which I managed to cancel) for ##### Ltd

and with a personal guarantee signed by him as my signature!!

 

I have managed to talk sense to 2 of the remaining 3 creditors (RK Solar Ltd is currently in the dissolution process, due to the debt incurred)

but one creditor namely "Trade UK" has today sent a high court enforcement agent to my private residence to give

"notice after entry or taking control of goods (on a highway) and inventor of goods taken into control"

My wife was in to receive this and was scared to death by his persona!

 

1# I DID NOT sign this agreement for a personal guarantee.

2# This credit agreement is for ##### Ltd (not Mr Ryan Richardson)

3# The credit agreement states that only a company director can sign this agreement (making this not a personal guarantee for an individual)

 

COPY OF THIS AGREEMENT CAN BE FOUND HERE: PM me for link

 

If someone can please let me know where I stand with this,

my wife who is sole tenant on our private residence is so scared now

that we are going to have collection agents busting into our house

and taking things (we have very little/nothing after paying off rk solars debts)

to pay off a debt that I feel has nothing to do with me!?

 

The business partner in question is currently residing back in SA spending the £17.000.00 he managed filter out the business over the years,

leaving me and my young family to have to deal with the aftermath!

 

WHAT CAN I DO? ANY HELP IS WELCOME 100%

 

Thanks in advance,

 

Ryan.

[ryanrichardson]

PM me for link to contract

Edited November 22, 2014 by ryanrichardson

[BankFodder]

I think that you need to get all the court papers and any other relevant docs.

There must be a judgment against you somewhere.

 

The EO should have left some doc which should indicate the court he was acting for and a case number.

Contact the court and get the info.

 

Come back here.

[BankFodder]

Also, inform the police and get a crime reference number

[ryanrichardson]

Hi BankFodder and thanks for your reply,

 

I have all the paperwork the EO left, court, claim number etc... More worryingly he has stated on said paperwork that he will be back at 4pm (today) to collect the debt or remove goods (we have nothing to remove of any value) this is scaring the crap out of us!!!!

 

Also on the paper work it clearly states that the "Debtor" is: MR Ryan...... (not one mention of the Ltd company!)

 

So if I get onto the court and ask them to send me the paperwork for the case and report to the local police immediately, will this buy me some time to get things check out before the EO comes to our house to intimidate us again!?

 

So sorry for all the questions but I'm in a real panic as i have 3 x under 5yr olds here and don't know what to do if the EO come busting into the house! What right do they have of entry??

 

Ryan

Edited November 21, 2014 by ryanrichardson

[numbers666]

Trade UK - SCREWFIX / BandQ etc -

 

When a director signs he signs in capacity as director of xxx ltd and as a PG in case the company defaults - depending on the age of the agreement.

 

You need the signed agreement.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?325859-Personal-Guarantee-Validity

 

Toodle writes a good arguement

 

We as a ltd company refused to sign this and took our business elsewhere.

 

C

 

If you have not let him in, no right of entry - move the car 10 mins away NOW

[ploddertom]

The Enforcement Agent is doing as the Writ commands him and will not be able to help.

 

 

As Bankfodder has said you need the Court details

- assumption is that this will be a CCJ that has been transferred for Enforcement.

 

 

You will need to apply for an urgent Stay of Execution which if granted will halt all further enforcement action & charges

- cost of application is £155 & needs to be done on Form N244.

[ploddertom]

Being a residential property he has no automatic right of entry and to allow him in is a seriously bad idea. If necessary talk to him through the letterbox or an upstairs window. Make sure anything of value outside is locked securely away or moved to another location - motor vehicles are a prime target.

[ryanrichardson]

Ok thank I will move the car now not that its worth more than £300!!!

 

PM me for link to contract

Edited November 22, 2014 by ryanrichardson

[Bailiff Advice]

Ryan ,

 

This is an extremely popular forum and can at times even be viewed by bailiffs !! You cannot change your user name but can I suggest that you use the edit button on both your posts to remove the name of your limited company.

[ploddertom]

Go to top right of this page and look under Notifications.

 

I have sent the OP a PM outlining a few things and possibly giving details of a local Court that can deal with this for him. Awkward being a Friday afternoon but hope Court can help given the urgent circumstances.

[ryanrichardson]

 now I'm even more worried!!!!!!!

 

Have removed what I can!

 

THIS IS A NIGHTMARE

 

Thanks ploddertom, will have a look now.

[ploddertom]

Have spoken with my own local Court and they tell me that they will not accept an application for this type of thing by phone but will if done by FAX. If needed FAx No is same STD Code & number is 649372

[HCEOs]

In terms of enforcement it will all come down to whether the business owns any assets. The HCEO cannot force entry into your private home either.

 

It would be prudent to speak with them and advise of your situation. Put it in writing also.

[ryanrichardson]

Oh well that didn't go well!!!

 

on contacting my local CC they advised they can't do a thing as it's a "High Court Enforcement" (she said they can come in and take what they like without permission!) And I need to contact the solicitor in control of the case ( I have their details)

 

What on earth do i do now? The debt was originally only £700, now over £1800 with all their charges and I didn't even have any bloody knowledge of it prior to a 6.8ft/18st EO arriving at my door demanding payment now and scaring the the crap out of the misses!

 

Do I contact the solicitor on the case, or what is my next move???

 

Thanks in advance.

 

The business holds no assets of any kind (I even had to sell the van to cover the debts I had a part of when we went into dissolution) no tools, stock, anything! All I personally own is a car worth around £300 and a fish tank!

 

Everything else my partner owns (who I recently moved in with) and she has nothing to do with this (Well she does now because they are knocking at her door) and she is the sole tenant on the tenancy agreement!

 

Sitting here in darkness now, hoping no one knocks!!!

Edited November 21, 2014 by ryanrichardson

[unclebulgaria67]

They cannot force entry to a private home. Close the curtains, put the lights on and live normally.

 

Just DO NOT open the door and make sure all doors are locked. You will have to do this, until you get it resolved.

 

On Monday morning contact your nearest High court and make the urgent application to stop the HCEO from continuing.

[ryanrichardson]

Thanks Unc....

 

Will do just that

 

Have not been in this situation before so a little scary, knowledge is power and I feel a lot better about the whole situation now!

 

Thanks to all, and I will keep this post updated.

 

Ryan.

 

Not sure if this makes any difference?

 

I've just checked on companies house and the Ltd company in said post was struck off and dissolved on the 21/102014 (SEE COPY BELOW)

 

GAZ2 21/10/2014 STRUCK OFF AND DISSOLVED

 

Document GAZ1 08/07/2014 FIRST GAZETTE

 

Document DISS16(SOAS) 24/12/2013 COMPULSORY STRIKE OFF SUSPENDED (DISS16(SOAS))

 

Document GAZ1 19/11/2013 FIRST GAZETTE

 

This is all new to me and I'm still very confused about the whole situation!

 

So the EO (HCEO) are chasing a debt made by a Ltd Co, that has since been dissolved, that in this instance was made by a former partner, using the means of ID fraud.

 

Now they are coming to an address that has nothing to do with me (this situation certainly has nothing to do with the legal tenant) to chase a debt from a "free Man Of the Land" (personal individual) namely myself, that was fraudulently added to the contract, and signed as the managing director of the Ltd company as a personal guarantor (please see copy of contract I found in our old emails, Link previous) ((My name and old address are clear in said contract because I clearly have nothing to hide))

 

I will make contact with the nearest High Court Monday morning and attempt to discuss this with them.

 

Thanks again,

 

Ryan.

[unclebulgaria67]

Don't use the words 'freeman of the land' on this site, otherwise you risk not being taken seriously. This term is used by a group that encourages debt avoidance, trying to use very old law, that often no longer applies. Don't quote it to a court either or they will think the same.

 

At this stage, you probably need legal advice about the situation, so you know what to say in the application to the court for a stay of execution, which might be that you know nothing of any court judgement or of any debt related to a company that is now dissolved. Also you could mention that there were issues with a former director of the business who may have fraudulently entered into contracts, but would need time to make enquiries.

 

Perhaps start a post on the CAG legal forum page, purely to ask about the legal situation with the company, to see whether you get any advice. Then keep this thread purely related to High Court Enforcement actions.

[dx100uk]

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