High bailiffs

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Madhatter
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#1 High bailiffs

Post by Madhatter » 19 Jun 2017 20:45

I am being harassed by high court bailiffs that are threatening to apply for an order to enter my private address for a limited company debt that I have closed 11months ago but not struck off yet. The limited company was closed and all taxes etc paid. They are using the fact that I have a private eBay account and believe I am still trading which is not correct. My home address was never the registered or trading address for the limited company. My partner is worried but I am the only director. I have paid £180.00 to get advise from a high street solicitor and I still don't know what they can or cannot do. Any advise would be helpful.

Madhatter
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#2 Re: High court bailiffs

Post by Madhatter » 19 Jun 2017 20:52

Madhatter wrote:
19 Jun 2017 20:45
I am being harassed by high court bailiffs that are threatening to apply for an order to enter my private address for a limited company debt that I have closed 11months ago but not struck off yet. The limited company was closed and all taxes etc paid. They are using the fact that I have a private eBay account and believe I am still trading which is not correct. My home address was never the registered or trading address for the limited company. My partner is worried but I am the only director. I have paid £180.00 to get advise from a high street solicitor and I still don't know what they can or cannot do. Any advise would be helpful.

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Pote Snitkin
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#3 Re: High bailiffs

Post by Pote Snitkin » 19 Jun 2017 21:11

You're not personally liable for a Ltd company debt unless you signed a guarantee. The bailiff is getting annoyed that this is a dead end debt.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

Madhatter
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#4 Re: High bailiffs

Post by Madhatter » 19 Jun 2017 23:43

Surely they have to have proof of the company still trading? As all accounts etc are closed and it has not taken any money since July 2016, I am assuming it's hot wind on their part. I've noticed that other members on this site have contacted the bailiffs and that has just been ignored. I have written to them special delivery!

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Pote Snitkin
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#5 Re: High bailiffs

Post by Pote Snitkin » 20 Jun 2017 08:34

It's to be expected that the bailiff will ignore all correspondance. The fact remains that this is a ltd company debt and can only be enforced against the company. Only goods of the company can be taken - however, the bailiff may believe that non-liquidated goods are at your home address thus the application to enter.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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jasonDWB
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#6 Re: High bailiffs

Post by jasonDWB » 20 Jun 2017 09:49

Madhatter wrote:
19 Jun 2017 20:45
I have paid £180.00 to get advise from a high street solicitor and I still don't know what they can or cannot do. Any advise would be helpful.
Ask for your £180 back. They didn't give you any advice.

The writ is unenforceable because the debtor does not have any goods to be taken and sold. It is Nulla Bona.

If the bailiff takes an enforcement step against anyone that is not the debtor, the bailiff, and the creditor are both jointly and severally liable for everything that follows.

It's too risky for the bailiff to try anything stupid.
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Madhatter
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#7 Re: High bailiffs

Post by Madhatter » 22 Jun 2017 05:43

There is no asset or stock at my home. I have contacted the bailiff and he said the only way to make this go away is to invite them in so they can make sure of that! He told me that the case has been handed back to the office to see what the claimant wants to do. How can they apply for an order to enter my home just on someone's malicious say so?

Madhatter
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#8 Re: High bailiffs

Post by Madhatter » 22 Jun 2017 05:44

How do I prove that I do not have unliquidated stock without having to let them in?

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jasonDWB
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#9 Re: High bailiffs

Post by jasonDWB » 22 Jun 2017 08:37

You make a statutory declaration and hand it to the bailiff if he turns up. Get it on video.


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John The Baptist
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#10 Re: High bailiffs

Post by John The Baptist » 22 Jun 2017 09:26

Madhatter. A statutory declaration is pointless and a waste of further money. As the company is still showing up as trading, the HCEO can still enforce. My guess is that they already know that there are no assets and are just trying to bully and intimidate you into paying. The fact that the case has been returned to the office is encouraging and there would need to be pretty strong evidence of a company trading from your home in order to persuade a court to grant an order to force entry. Simply having an ebay account in a private name is no good reason.

Things that are a problem to you will be if there is anything on the internet linking the company to your home address. Many small one man bands are limited but trade from their homes. If the ebay account is in the companies name, you will also have a problem.

In the worst case scenario, if a bailiff gains access to your home, he will almost certainly claim that any computer equipment and furniture associated to it are that belong to the company and will tell you that it is your responsibility to provide evidence that you own it by way of receipts.

If you can get a letter on your accountants headed letter paper stating that the company is no longer trading and that it has no assets, it would be great. You should send this into the bailiff company and a copy to the HCEOA here: https://www.hceoa.org.uk/contact-us. Get evidence of both contacts. It would be almost impossible for them to obtain a court order after that.

Do not let them in, they are not there to help, they are there to bully you into paying them money, of which, they earn commission on.

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jasonDWB
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#11 Re: High bailiffs

Post by jasonDWB » 22 Jun 2017 11:46

HCEOA is a privately owned company. It is not authority.
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GDB
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#12 Re: High bailiffs

Post by GDB » 23 Jun 2017 12:25

Why has the LTD Company not been closed after 11 months - an accountant or you can start the procedure within minutes to close a Company.

If its still showing as active, that's why they are chasing you etc.

I would action this PDQ!

GDB
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#13 Re: High bailiffs

Post by GDB » 23 Jun 2017 12:27

You dissolve a Company - Only Companies House can strike off a Company (Struck Off)

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Michelle
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#14 Re: High bailiffs

Post by Michelle » 23 Jun 2017 13:04

GDB wrote:
23 Jun 2017 12:27
You dissolve a Company - Only Companies House can strike off a Company (Struck Off)
You can get it struck off yourself, here is the procedure: https://www.gov.uk/strike-off-your-comp ... r/overview
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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GDB
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#15 Re: High bailiffs

Post by GDB » 23 Jun 2017 15:07

Apologies: -

You apply to have the Company struck off (Dissolved) removed from the register as an active Company.

It takes approx 3 months in general (as you state everything is up to date etc) it can take longer if there are complications.

The problem is the Company is live (still exists) although not actively trading.

Madhatter
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#16 Re: High bailiffs

Post by Madhatter » 24 Jun 2017 20:30

I have applied to strike the company off but this creditor has logged an objection. So I can't do that yet. It appears to me that I am in a catch 22 situation, can't prove that I am not trading by striking off the company and can't Stike it off because of the objection. I have asked my accountant to write a letter and see if that helps.As it stands now the company is dormant.

GDB
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#17 Re: High bailiffs

Post by GDB » 24 Jun 2017 20:54

If the Company has no assets then flogging a dead horse springs to mind.

If the Company is listed as dormant that means the Company is not trading but the name is being held with the possibility of being reactivated at a later date.

A letter from your accountant to give to the agent may assist you in getting your point across etc - or in technical terms pizz them off!

They are trying to wind you up and pressure you into paying, if the Company has no money or physical goods - they are trying to get you to cough up the money in a personal context not as a Director.

Call the agents bluff, tell him get an order from the Court and you will let him in. If you have any correspondence or pack it up safe and move it away somewhere safe, so in the very worst case event they do obtain an order there will be nothing at your home pointing or in relation to the Company. Once you let them in they will put pressure on you.

I also understand that an objection from a creditor only stays on file for a limited time unless they apply to Companies House for extra time. You may want to start the striking off procedure again and see what happens.

The agents do need a lesson in maths - if you have "Zero" then the chance of getting something is "Zero"

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