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HCEO NOE re unknown CCJ - Home registered LTD Co. business-business CCJ


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My wife and I have received a Notice of Enforcement from Andrew Wilson and Co. High Court Enforcement.

The notice is addressed to a limited company who's registered office is at our home address.

 

The notice is in relation to a CCJ that the company received back in March for a supplier debt of approximately £5500.

We were unaware of the court proceeding as at the time the company registered office was at a formations company office and to cut a long story short we were not receiving mail at this time. We did not submit a AOS and as a result the supplier received a default judgement. 

The company in question has all but ceased trading and has no funds in the bank and has no stock or assets.

My wife and I are not currently able to settle this debt and are both worried sick that the bailiff will attend our home and force entry to seize goods. 

Can anyone be kind enough to help us see a way forward with this?

Many thanks in advance.

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well they cant.

 

best idea might be to get an N244 running to the court and get the CCJ set aside

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to HCEO NOE re unknown CCJ - Home registered LTD Co. business-business CCJ

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Simpler to submit an N245 stay the Warrant and get a payment plan in place.?

 

Andy

We could do with some help from you.

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Dx100uk

 

There is no personal guarantee.

 

We don't have a copy of the CCJ.  The first we knew about it was the notice of enforcement.

 

The notice of enforcement is in the name of the company.

 

Andyorch

 

On what grounds n245 over n244?

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Seems to me that you need to fully account for any liabilities that the business may still have and which are now being chased to your home address, as that it is where the business has a registered address.

 

While the HCEO's have no rights to force entry, they will try for unlocked doors and anything outside. Never open the door to them.

 

Is this the only debt ? 

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Unclebulgaria

 

There are no other creditors.  Just this one.

 

There is nothing to take. No computers, no stock or machinery. All we have is a lever arch file with paperwork in.

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you dont need a real reason for a set aside but you will need to show how the result would change if you got a retrial so why get a set aside if all you are going to do is get another load of costs heaped on you.

Do you owe this company the money?

 

do you have proper accounts to show what it bought as far as capital equipment etc. Has the company been properly dissolved or have you just given up doping anything as the 2 are vastly different.

A HCEO can force entry into any premises occupied by a business but you dont really want that so proving that the business doesnt exist and that you have no personal liability for the debt is paramount

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Ericsbrother

 

If I had the opportunity at the time I would have argued the value on the Court claim, however this wouldn't have changed by a significant amount.  So asking for it to be set aside is probably not going to end this in the long run.

 

No we don't owe any money to the business.

 

We have a good set of books and records.  No account filed as of yet.

 

The company is still 'active' on companies house and has not been dissolved.  We only received the Notice of enforcement a few days ago.

 

 

21 minutes ago, ericsbrother said:

A HCEO can force entry into any premises occupied by a business but you dont really want that so proving that the business doesnt exist and that you have no personal liability for the debt is paramount

 

What makes you think they can force entry into a domestic property?  

 

 

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They can force entry into a commercial property....now a business operating from a domestic property.....shouldnt think so.

 

The difference between an N245 and N244.

 

N245 is to stay the warrant and set an affordable monthly payment plan through the court......no more bailiffs unless you default....fee £50

N244 is to set a side the judgment and start again and defend it...fee £255.00

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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so your business still exists and that means you will have to prove that nothing in your house is owned or was purchased  by the business if the bailiff gains entry.

They cant force entry to a residential property, what I meant to say was that they can enter any premises used by the company so if you had a lock up that you worked from they could still come to your house looking for company assets

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