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Lizzy

Walking possession order

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A bailiff has put a walking possession on one of my husbands machines at work. The company is a limited company but my husband owns all the machines on a personal basis. He allowed this to happen because he panicked and also agreed to make payments way beyond his means.

 

The question is, can they still take the machine even though he can prove he owns it ?

Also if they can't take the machine and they have nothing left to levy on can they close the factory?

 

Any advice would be greatly appreciated.

 

Many thanks


 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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If he can prove that he owns it personally, then it should be difficult for them to take it but expect them to try. He will need to produce an original receipt and I wouldn't be surprised if they took it away and argued about it later, I'm afraid.

 

You could try contacting these guys:

 

http://www.guide-information.org.uk/search_index_detail.lasso?RecID=G4574

 

but I don't know what they're like.

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I may be wrong, but I always thought that Bailiffs were not allowed to take someones tools of their trade

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I may be wrong, but I always thought that Bailiffs were not allowed to take someones tools of their trade

 

that is true.

 

work related tools and also family items etc.

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The argument here is about ownership. If the asset doesn't belong to the company then the bailiff should not be able to take it. However, I wouldn't bet that there isn't some case law somewhere which "lifts the corporate veil" in a situation like this. However, the argument about ownership if backed up with a receipt should satisfy the bailiff.

 

The argument about tools of the trade would only apply to an individual or potentially a partnership.

  • Confused 1

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I may be wrong, but I always thought that Bailiffs were not allowed to take someones tools of their trade

 

Are there any goods that the bailiff cannot seize?

Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

  • tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
  • clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

SEEN HERE

  • Haha 1
  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I see so as a LIMITED COMPANY they could take the lot. But as he owns all the machines on a personal basis they can't take them, even though he signed the form but can prove he owns them.

 

The other question is. If there is nothing left for them to take can they close the factory. The debt is not for rent arrears. ?

 

Thanks for everyones help so far. It's a complicated business.............

 

The argument here is about ownership. If the asset doesn't belong to the company then the bailiff should not be able to take it. However, I wouldn't bet that there isn't some case law somewhere which "lifts the corporate veil" in a situation like this. However, the argument about ownership if backed up with a receipt should satisfy the bailiff chimp.

 

The argument about tools of the trade would only apply to an individual or potentially a partnership.

 


 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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I see so as a LIMITED COMPANY they could take the lot. But as he owns all the machines on a personal basis they can't take them, even though he signed the form but can prove he owns them.

 

The other question is. If there is nothing left for them to take can they close the factory. The debt is not for rent arrears. ?

 

Thanks for everyones help so far. It's a complicated business.............

 

 

 

 

I don't know the answer to that I'm afraid. I know of one instance where a VAT bailiff was denied access to a business premises by the owner. The owner put a padlock on the door so that the bailiff couldn't get in. The bailiff responded by putting a bigger padlock on the door so that the owner couldn't get in! I don't know whether it would be legal for a bailiff to do something similar for a non-tax debt but I think that this is the only way he could close down the operation.

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I imagine that the only way the business could be closed down for non-payment would be by a winding-up petition issued by the creditor in question

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Guest Alison82

Just came across this

 

 

Warrant of execution

A warrant of execution gives court bailiffs the authority to take goods from the defendant's home or business. Bailiffs will try to either:

 

collect the money you are owed; or

take goods to sell at auction.

You cannot ask the county court to issue a warrant if the amount you want the bailiff to collect is more than £5,000, unless you are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) But you can ask the sheriff's officer (through the High Court) to try to collect the money you are owed or to remove goods. The staff at any county court will be able to tell you what you need to do.

 

Bailiffs cannot always remove and sell the defendant's goods. For example, they cannot remove essential household items and tradesman's tools or goods subject to hire purchase or rental agreements.

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UPDATE.

 

Hubby faxed though ownership details of the machine to the debt collection agency. As they had nothing to take they said they would give their client this information and see what they wanted to do.

 

They can either

 

Write off the debt

 

Take the COMPANY to court to fill out a form stating company assets etc to see if its worth bothering to bankrupt to get their money back.

 

Issue a winding up order.

 

Its been a few weeks now and not heard anything yet........Im sure it won't go away as seems the debt is now owned by a BANK. The will just do their worst because they can.

 

Not worried too much as the business can still trade. Our major concern was that they could close the factory. I think that can only happen if the debt is for rent.


 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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  • clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

 

So, does that mean all those times you hear of people being left with their house entirely empty (on five-figure debts), the bailiffs have acted illegally?


HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Illegally or unlawfully, one of them....


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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This is a LIMITED COMPANY debt. This means the debt is limited to what the company owes/owns. My husband owns the machines on a personal basis like we own the tv, settee, cooker etc. The LIMITED COMPANY owns nothing.

 

The bailiff can take a persons personal things if the person owes the debt thats why they can enter a house to take things.

 

If the LIMITED COMPANY had owned the machines, vehicles etc they could have been taken.

 

Complicated I know. Having a limited company protects the owner from losing their home in the case of a major debt.


 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5188 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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