HCEO and Control of Goods Agreements

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rhodesy82
Posts: 1
Joined: 01 May 2017 18:44

#1 HCEO and Control of Goods Agreements

Post by rhodesy82 » 01 May 2017 19:02

Good Evening.

I have been lucky enough to have been issued a CCJ in my name from my University back in 2016.
I have not paid the CCJ as i know nothing about it until a HCEO came knocking at my business premises after moving.

At the time of the Visit from the HCEO (HCEGroup) i was running a business doing T-Shirt Printing and Embroidery, I was operating as a Limited Company registered at Companies House.

The HCEO visited me at my business premises and forced me to enter into a Control of Goods Agreement as i couldn't pay the £8k+ there and then, so he started to list goods that were in the company unit, as the debt is my own personal name and not a business name, he has taken control of company assets.

I did ask him if he is permitted to do that, and he said he can take what ever he wants, and i have to prove it if its does not belong to me. Now the HCEO visited on the 2nd September 2016, i provided copies of invoices and receipts proving that they are owned by the company via email on the 4th September 2016, The bailiff company has received this email as they have replied and forwarded these invoices onto the creditor.

The creditor does not believe that the goods in question are owned by the company, and are seeking action to have them TAKEN by the bailiff.

I have done so much research on this matter and have found that the COGA (Control of Gods Agreement) is not valid, as it does not state my Home Address, and there is a lot of missing information on the COGA such as serial numbers of computing equipment and other assets, and the fact that company assets are listed and not personal assets where proof has been provided.

So heres my questions:
1. Can the Bailiff take goods that belong to a limited company if the debt is in a personal name?
2. Is the COGA void if it has a wrong address, and vital information is missing relating to items listed?
3. What can i do if the HCEO Organisation has ignored information that i have sent them proving ownership of items?
4. The HCEO does not care that he has listed company assets (and the debt is personal) and intends to return to taker them shortly, what can i do or say?

Any help or advise you can provided will be great in helping me fight the bailiff, not only to protect my sanity but also my business.

Kind regards

Rhodesy82

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Pote Snitkin
The Watcher
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Joined: 28 Apr 2014 09:43
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#2 Re: HCEO and Control of Goods Agreements

Post by Pote Snitkin » 01 May 2017 21:19

1 - No

2 - Doesn't matter about the address, the CGA has listed ltd co goods for a personal debt - that alone makes it invalid

3 - has the HCEO ignored it? Just because the creditor is seeking to have to goods taken doesn't mean the bailiff can

4 - if the bailiff tries to take goods, call the police and report a robbery

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: London WC2
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#3 Re: HCEO and Control of Goods Agreements

Post by Schedule 12 » 02 May 2017 14:22

I'll give it a go.


rhodesy82 wrote:
01 May 2017 19:02
and not personal assets where proof has been provided.

So heres my questions:
1. Can the Bailiff take goods that belong to a limited company if the debt is in a personal name?
No.

2. Is the COGA void if it has a wrong address, and vital information is missing relating to items listed?
It is unenforceable. It must comply with regulation 15 of the Taking Control of Goods Regulations 2013.


3. What can i do if the HCEO Organisation has ignored information that i have sent them proving ownership of items?
You can sue for damages by bringing an action at court.



4. The HCEO does not care that he has listed company assets (and the debt is personal) and intends to return to taker them shortly, what can i do or say?
Make an affidavit proving you own them. That revokes entitlement to take control of them and attracts a liability for damages under paragraph 63(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.


Any help or advise you can provided will be great in helping me fight the bailiff, not only to protect my sanity but also my business.

Kind regards

Rhodesy82
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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