Jump to content


azureblue

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

Recommended Posts

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.

Share this post


Link to post
Share on other sites

well they cant.

 

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

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thank you.  On what grounds can I ask for it to be set aside?

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

 

Andy


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?  

 

 

Share this post


Link to post
Share on other sites

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 OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...