business to business CCJ - now notice of issue of warrant of control

[mrwh]

Ok all, im in need of help, i have asked on another forum but just wanted more advice if possible

 

i started a LTD company less tham a year ago

it was going well, but some bad business decisions have quickly turned the good to bad

 

i have a 3 debts with suppliers,

one at £2.5k

one at £3k and

one at £2700

 

the £2700 got a ccj against the company

 

i was paying 500 a month but cant afford to pay it, now i have received a notice of issue of warrant of control.

 

The registered office address was my home until recently when i changed it,

i now use one of the online registered office services things

 

sorry not sure what its called exactly, so its now different to my home

 

the issue of warrant letter came to my house as it was sent before i updated the details with the supplier which i have now done

 

im worried that bailiffs are going to turnup and start taking my families stuff,

we dont have much,

an old car in my partners name,

the usual tv sons xbox and a few other bits,

nothing of great value

 

just hoping someone can tell me what i can do,

i really couldnt face the family if the bailiffs came and took stuff

im finding it hard to look my kids and partner in the eyes now as i feel like a total failure

 

many thanks

[BankFodder]

If the judgement was against the limited company then they will only be able to take things that belonged to the limited company. It's very clear that family belongings and items which clearly belong to children will have nothing to do with your business.

 

Also, have you contacted them to let them know the new registration address of the company? However, if they think that there may be items belonging to the business at your home address then regardless of the address change, they may seek to take those.

 

I'm afraid that sudden changes of address only invite suspicion.

[dx100uk]

its a business debt they cant touch your house hold at all

 

is this from county court bailiffs?

[dx100uk]

retitled and moved to the bailiff forum

[mrwh]

it has

"in the county court business centre " on it if that helps

 

oh and make payment to the county court

 

If the judgement was against the limited company then they will only be able to take things that belonged to the limited company. It's very clear that family belongings and items which clearly belong to children will have nothing to do with your business.

 

Also, have you contacted them to let them know the new registration address of the company? However, if they think that there may be items belonging to the business at your home address then regardless of the address change, they may seek to take those.

 

I'm afraid that sudden changes of address only invite suspicion.

 

contacted which ones? the county court or the creditor, the creditor i have yes, the county court i have not as i didnt know i had to and only just got the notice

[dx100uk]

I would suggest this is county court bailiff not a high court bailiff?

you could submit an n245to the court and vary the payment this will satisfy the bailiff action

 

dx

[mrwh]

thanks for the reply, the thing is, i was paying £500 a month

the company has now ceased trading and i cant afford £500, i will be getting a full time job soon but it wont enable me to pay that much

i will only be able to pay £50 a monnth at most i expect.

 

also i want to get the company struck of, i have sent a letter to the creditors explaining that i have no money and no assets and that the company is ceased trading

[ploddertom]

Do as dx says - submit an N245 and tick to Suspend the Warrant & Apply for a Variation Order. Simple form, application cost £50.

[dx100uk]

N245 is in the legal section of our library

[mrwh]

thanks

 

the problem i have is i have put every penny from my personal account in to the company

so i am potless

 

i wont even have the £50 until 2 weeks time when i get paid from a new full time job, which is a week after the deadline for the payment on the notice

[dx100uk]

ring the bailiff and tell him tomorrow

they are understanding..

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=issue+of+warrant+of+control&sa=Search+CAG#gsc.tab=0&gsc.q=issue%20of%20warrant%20of%20control&gsc.page=1

[ploddertom]

You could try & submit an EX160 for fee remission.

[mrwh]

ring the bailiff and tell him tomorrow

they are understanding..

 

that i cant afford to send the payment with the form?

[dx100uk]

try post 13

ex160 forms are in the same legal folder of our library as the N245

[mrwh]

thanks all

the thing im worried about is not being able to get the forms sent of in time

i dont have a printer, well i do but cant afford to refill it, so printing the forms is proving difficult as i dont have anyone to ask

 

 

just a couple questions, ive sent letters to all the creditors saying ive ceased trading etc

obviously i have this notice of warrant of control

so i assume the bailiffs will come if i cant get the forms to them quick enough

 

if they come can they force entry at any point?, even if they have been a couple times but we dont let them in

 

if they did come in, would they accept that nothing in the house is owned by the company, its obviously not, except maybe the laptop which they could take

if i send the ds01 for to companies house i guess the creditors will object against it

can they do this every time i send a form in?

if i wasnt at the house as in moved out, would the bailiffs still want to gain entry even though i have changed registered address

last thing i want to do is move out but if it means the kids dont get dragged through it i will

many thanks

[dx100uk]

they cannot force entry to your home

nor will a court bailiff want too.

 

forget what you see on TV those are HCEO's.

 

your best bet is to go read a few like threads that I pointed you too in post 12 link.

 

FYI: when you go read those threads you'll get the above answered better than we ever can..

like the forms goto the court he came from not to him, just phone him and tell him what you are proposing.

 

go read those threads!!

 

dx

[mrwh]

thanks dx

 

and i did read through some, but i was confused

a couple said to fill out the n255 ? form to suspend the warrant

 

but on there it asks for my income and outgoings

thing is its a company debt, and that company has ceased trading, so it has no incoming or outgoings

 

or does it mean my personal finances, will i be responsible for the debt if its a ltd company thats ceased trading?

 

im sure the answers are on the threads but i struggle reading and making sense of what i read, then end up getting confused and shouting at the dog hahaha

 

also i read on one that a bailiff can force entry to business address, and this was the registered office address until i changed it last week

[dx100uk]

N255 is a request for judgement

you are not the claimant fo cant request judgement..

 

get the n245 and the ex160 running ASAP.

[mariner51]

Is Warrant of Control in your name or that of Co?

What was your position in the Co?

[numbers666]

Fill in DS01 and file at companies house.

 

If a creditor disagrees they can pay to fight it.

 

Legally all the debts are the ltd entity. You should not have been paying them personally unless you signed a PG, even then if not named on the judgement, not for you to pay.

 

https://www.gov.uk/strike-off-your-company-from-companies-register/close-down-your-company

[Bailiff Advice]

I started a LTD company less tham a year ago, it was going well, but some bad business decisions have quickly turned the good to bad

 

The £2700 got a CCJ against the company, i was paying £500 a month but cant afford to pay it, now I have received a notice of issue of warrant of control.

 

The registered office address was my home until recently when I changed it, I now use one of the online registered office services things.

 

I'm worried that bailiffs are going to turn up and start taking my families stuff, we dont have much, an old car in my partners name, the usual tv sons xbox and a few other bits, nothing of great value. I'm finding it hard to look my kids and partner in the eyes now as i feel like a total failure.

 

As I see it, the enforcement of the warrant is with the County Court. Thankfully, it has not been passed to a High Court Enforcement company so that in itself makes the position a great deal easier.

 

I would suggest that you speak with the County Court bailiff office to inform them that you have received notification of the warrant and that you wish to make him aware that the company has ceased trading and that you have acted responsibly and applied to have the company dissolved at Companies House. State that making and application to vary the judgment (by way of N245) is not a solution given the application to companies house.

 

You need to ensure that the creditor is also aware of the steps that you are taking.

 

A County Court bailiff will not be trying to gain entry into your home so please try to put that thought out of your mind. In any event, even if that step were taken (which will not be the case), a bailiff may only take goods belonging to the Limited company (the debtor). That in itself will resolve the matter of household items.

 

Finally, I note your final comment that you consider that you have somehow failed your family. That is also a myth as well. The following figures come from Companies House:

 

In the 12 months to 31 March 2016, there were 611,372 company incorporations and 399,736 dissolutions.