Visit from DCBL ltd co, business debt

[madferrituk]

A few months ago I sold my business which was a Ltd company. There were several debts on the business and I'm in the process of winding up the company with a liquidator. As far as I'm aware I did not offer a personal guarantee to any debt.

 

Out of the blue yesterday, I got a visit at my home from a company called DCBL to collect the debt regarding one company. The bailiff said he was there to enforce a high court judgement and either we pay in full or he will seize the goods in the house. Unfortunately, I had already let him into my home at this point and realised that was my biggest mistake.

 

Whilst I tried to get more information from him about my options he started to take a camera out and began to take pictures of my belongings. Obviously, this was aimed to intimidate me and it worked. When I asked to see his paperwork he refused to let me hold it. Instead, he turned over the 1st page which was more detailed and showed me a page underneath which showed what the original debt was and the charges put on top which is what he was there to reclaim. The total sum he was looking for was just over £11k.

 

I told him that the debt was against the Ltd company and the company had no connection to the home other than that I as Director lived there. We had never received notice from the court about the case and he then said that DCBL would have written to my home. Which they haven't as I had no letter.

 

When I said I needed a few minutes to get the funds together he said: "that's fine, I'll continue to take pictures". I told him that I was going to pay as I didn't want him to take my goods he just ignored me. I got out my debit card and paid the debt and he went away.

 

The issue I have is;

 

1) The debt was in the company name, did they have a right to come to my home to collect it?

2) His aggressiveness in talking to me. I gave no indication that I was not going to pay and actually just queried if he was allowed to collect it from me which he ignored.

3) The paperwork, what was he trying to hide? He was adamant that I wasn't allowed to touch it and when I suggested he hold it and I view it he quickly turned over the pages to show me the page he left with me.

4) at the door, before entering he simply said he was from a company called DCBL regarding a debt to company XYZ. He didn't mention he was a bailiff.

 

Looking at the paperwork he has left me, the title of the page is "Notice that goods have been removed for storage or sale". He hasn't removed any goods. The charges on this page I would imagine are higher than the page where he doesn't have to remove goods? There are charges like;

 

Enforcement Stage Fee

Sale Stage Fee

 

Any advice on this matter would be greatly appreciated. I have spoken to DCBL this morning who suggested I write a complaint, which I will do seeking advice from this forum.

 

Thank you.

[Bailiff Advice]

A few months ago I sold my business which was a Ltd company. There were several debts on the business and I'm in the process of winding up the company with a liquidator. As far as I'm aware I did not offer a personal guarantee to any debt.

 

Out of the blue yesterday, I got a visit at my home from a company called DCBL to collect the debt regarding one company. The bailiff said he was there to enforce a high court judgement and either we pay in full or he will seize the goods in the house. Unfortunately, I had already let him into my home at this point and realised that was my biggest mistake.

 

The total sum he was looking for was just over £11k.

 

I told him that the debt was against the Ltd company and the company had no connection to the home other than that I as Director lived there. We had never received notice from the court about the case and he then said that DCBL would have written to my home. Which they haven't as I had no letter.

 

When I said I needed a few minutes to get the funds together he said: "that's fine, I'll continue to take pictures". I told him that I was going to pay as I didn't want him to take my goods he just ignored me. I got out my debit card and paid the debt and he went away.

 

Thank you.

 

Can you confirm that the writ that DCBL were enforcing was definitely against a LIMITED COMPANY as opposed to you personally?

[ericsbrother]

you SOLD your business yet you then say liquidators are involved.

If you sold it then who to?.

 

What assignments did you make and what exactrly did you sign over?

 

You say the visit was out of the blue,

well to get to where bailiffs visit it has to go through a lot of other stages

so where would have all the other letters have gone to if you didnt get them?

 

you can ask the local court who issued the writ for details of the judgement

then you will know who it was who sued you (or the company)

if that was procedurally flawed set about undoing the judgement.

 

As part of the payemnt there will be set fees for each stage of enforcement,

Ask for a copy of the breakdown of this

then check it against the MoJ list as it may be that you have paid for stages that werent reached and have grounds for reimbursement of those fees and a complaint to the company and the MoJ about the visitors as a minimum

[ploddertom]

As per usual on a single visit DCBL appear to have charged all enforcement charges at the same time.

 

Do you know how much the original Court Claim will have been?

[brassnecked]

You sold the company, and are liquidating it? What did you sell?

[madferrituk]

Can you confirm that the writ that DCBL were enforcing was definitely against a LIMITED COMPANY as opposed to you personally?

 

thank you for your advice so far.

 

I have contacted the court and it appears the name on the writ was the company name and the address was the company address.

 

You sold the company, and are liquidating it? What did you sell?

 

Hi, I think in confusion I wasn't clear.

I sold that business that operated but not the company itself.

 

The new owners have continued the business on their own new ltd company which has nothing to do with me.

 

As per usual on a single visit DCBL appear to have charged all enforcement charges at the same time.

 

Do you know how much the original Court Claim will have been?

 

I do have all the details but have kept it fairly vague.

 

From the original claim (plus interest) there appears to be over £2500 in charges.

 

you SOLD your business yet you then say liquidators are involved. If you sold it then who to?. What assignments did you make and what exactrly did you sign over?

You say the visit was out of the blue, well to get to where bailiffs visit it has to go through a lot of other stages so where would have all the other letters have gone to if you didnt get them?

you can as the local court who issued the writ for details of the judgement and then you will know who it was who sued you (or the company) and if that was procedurally flawed set about undoing the judgement.

As part of the payemnt there will be set fees for each stage of enforcement, Ask for a copy of the breakdown of this and then check it against the MoJ list as it may be that you have paid for stages that werent reached and have grounds for reimbursement of those fees and a complaint to the company and the MoJ about the visitors as a minimum

 

Thank for your questions.

 

I have done some enquiries and it appears that no documentation or letters regarding the court dates or from DCBL were sent to my home address.

 

Which is why this was out of the blue.

[Bailiff Advice]

I need to advise the forum that I was contacted by this poster earlier today and he is making enquiries behind the scenes.

 

To his disadvantage his realises that he had made some stunning errors, the first being to allow the enforcement agent into his property ( he was not aware of who they were) and secondly, being intimidated into making payment for a debt that he personally was not responsible for paying.

 

Not surpringly, DCBL charged ALL enforcement stage fees at the one visit (1st Enforcement fee, 2nd Enforcement fee and Sale Stage fee).

[dx100uk]

bet they didn't have the film crew or their body cameras running...

or will it be like that other one on that other forum...

as soon as they saw the debt card they stopped recording and took added everything they could as the could see they were dealing with a mug that knew nothing....

 

dx

[brassnecked]

Nail and head DX, I hope there is a way for Op to reclaim the money from Sandbrook's Sharks.

[ericsbrother]

court docs wouldnt have to be sent to your home address, your trading address or any address you have given in the past for either a place of business or the service of documents would suffice.

 

answering my other questions would give a good indication of any liabilty you would have but you are in good hands now so go with that..

Edited November 23, 2017 by honeybee13
Paras

[madferrituk]

yes, thanks the advice I got away from the forum has been very good. I'm in the process of writing a letter of complaint to them which it seems has to be done regardless, to escalate this further.

[AndyOrch]

yes, thanks the advice I got away from the forum has been very good. I'm in the process of writing a letter of complaint to them which it seems has to be done regardless, to escalate this further.

 

If we could keep all advice and developments on the thread otherwise it makes this thread pointless to other members.

 

Regards

 

Andy