Backdoor Ltd Business Mobile Phone CCJ - Now Hceo visit

[rattlywelshboy]

Hi all. I had a business that has ceased trading as it didn't go as well as I'd hoped and I had a debt with a mobile provider. Cut a long story short, the debt was for £3400 and it has been passed to a HCEO.

 

I have found out that it went to court and a ccj was issued by default which has now been transferred to HCEO.

 

The business was registered at my home address just for administration purposes and there are no assets or anything to do with the business at my address.

 

Can the HCEO force his way I to my house and if so can he take my personal belongings. I have read that I have to prove that the items in my house belong to me or they can take them. How do I do this.

 

Thanks

[ploddertom]

What status did you trade as?

[rattlywelshboy]

Hi. I was a limited company.

The company has not closed down yet but is being processed.

 

 

As I said the company was registered at my home address but for a mailing address.

 

There are no business assets or anything.

[ploddertom]

Was the debt in the name of the Ltd Co?

[rattlywelshboy]

Yes it was. There was also no personal guarantee. I'm just concerned that the hceo will gain entry and take my personal belongings and I won't be able to prove they are mine.

Someone did say I could get a sword declaration that the goods in my home are my personal items but I don't know own if this is true or how I would do this.

*sworn*

[ploddertom]

As long as it is your main home then there is no automatic right of entry and it would be a seriously bad idea to let him in.

He may only seize and/or remove goods belonging to the debtor - in this case the Ltd.

Just make sure there is nothing of value outside as he may believe they are the goods of the Ltd Co - the same goes for any vehicles.

Providing he does not gain entry or you let him in then there is no need to swear a Stat Dec which may not be believed anyway.

Do you have any detached buildings on site - if so then he does have the right to force entry to these if he believes there are goods inside that may help satisfy the debt. J

ust make sure you keep all your doors locked for now & if possible record each visit. It should not take him long to realise there are no pickings and the Writ should be sent back to the Claimant - who could instruct another HCEO of course.

There is one proviso to this and that is if you are leaving your Bentley or Ferrari on the drive next to your sea going yacht then they could apply for forced entry under the belief you had mad stacks of cash and had bought items rather than pay your debt, I imagine this is not your scenario but feel it fair to point it out.

[rattlywelshboy]

Thank you for the info. Unfortunately there is no stacks of cash. The only items of value are the TV'S and the kids games consoles. Nothing that's owned by the Ltd company or business related. Is it worth calling them to tell them this.

[ploddertom]

What stage are you at with this.

If within the Compliance stage it can do no harm but they will still come to see for themselves.

If past the 7 clear days then I wouldn't bother as a visit will be imminent.

Just remember the debtor is the Ltd Co and if they have nothing then the debt dies.

[rattlywelshboy]

It's the 1st stage but the letter that arrived today is dated 5th July and that I have until 15th July to remedy

[AndyOrch]

Thread moved to the appropriate forum

 

Andy

[ploddertom]

If that is the Notice of Enforcement then in my view it is defective as it does not give the requisite 7 clear days. Depends on whether you want to be stroppy with them - considering they are going to be out of luck anyway.

Is your other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?451371-Equita-hceo-at-my-door-for-ltd-company-suppliers-debt anything to do with this or was that a separate issue.

[rattlywelshboy]

That was a separate issue