Limited business high court writ at my home

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
Post Reply
Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#1 Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 02:32

Hi,

I have received an enforcement notice for a debt owed by my company that stopped trading in January. Unbeknown to me my accountants changed the registered address of our business from their address to my home address in December. Our business was a restaurant bar in another area of London. Our house has never been where our business was based, or traded from. Nor are there any company assets at our home.
Further to this my wife is suffering from mental health issues (she is also a director in the business), & we have 2 young children in the house under the age of 12.
I am petrified that the bailiff - Equita - can come crashing through our door any day &take our personal belongings. Which we would then have to prove belonged to us & not the business. Which would be impossible, things like our ta are 5 years old & I don't have receipts for them. In any case the company itself is not 2 years old.
What are my rights? I should add that I haven't seen a copy of the high court writ, is it possible they are just trying to scare me into paying ?

User avatar
Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Limited business high court writ at my home

Post by Schedule 12 » 20 Aug 2017 09:54

Dufski13 wrote:
20 Aug 2017 02:32
Hi,

I have received an enforcement notice for a debt owed by my company that stopped trading in January.
The debtor is a company, the bailiff is unable to take control of goods at your private address. Enforcement fails for non-compliance with Provision 7.1 and 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)


Unbeknown to me my accountants changed the registered address of our business from their address to my home address in December.

There's your evidence the Notice of Enforcement was not given.



Our business was a restaurant bar in another area of London. Our house has never been where our business was based, or traded from. Nor are there any company assets at our home.
Further to this my wife is suffering from mental health issues (she is also a director in the business), & we have 2 young children in the house under the age of 12.
I am petrified that the bailiff - Equita - can come crashing through our door any day &take our personal belongings.
It's too risky for the bailiff to attempt it. Taking goods not belonging to the debtor leaves the bailiff and the creditor with a big bill and a costly interpleader claim. The legal fees alone will leave them no change of £10K. That is on top of the replacement cost of the goods taken.



Which we would then have to prove belonged to us & not the business.
You don't need to prove anything because the address on the writ is wrong. They need a sepate power to take control of goods (belonging to the debtor) at another address. Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007)


Which would be impossible, things like our ta are 5 years old & I don't have receipts for them. In any case the company itself is not 2 years old.
What are my rights? I should add that I haven't seen a copy of the high court writ, is it possible they are just trying to scare me into paying ?
Only the company is liable, but as it does not have any goods, the writ cannot be enforced by using schedule 12 enforcement.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#3 Re: Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 10:00

Hi Section 12, unfortunately the address on the enforcement notice is not wrong. My accountants changed the registered address of my company to my home address just before we ceased trading, totally unbeknown to me. So I cannot claim to have not seen the enforcement notice nor can I say it is not an address associated with the company. However it is not a site we have or could ever have traded from as we were a restaurant. There are no compsny assets on site & the company has no assets. Can the bailiff still force ebtrtvyobmy home & remove goods like my to, my children's Xbox etc?

Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#4 Re: Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 10:03

I should add this creditor was a wine supplier & always delivered to our place of business not my home. Although now my home address is the registered address hence then coming to my door for the debt.

User avatar
Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#5 Re: Limited business high court writ at my home

Post by Schedule 12 » 20 Aug 2017 10:04

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) states:
  • An enforcement agent may take control of goods only if they are goods of the debtor.


If the company does not have goods there, the bailiff cannot enforce the writ. He will have to return a nulla bona certificate to the creditor.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#6 Re: Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 10:11

Thank you section -2, so do I have to prove my belongings are mine? And do I have to let the bailiff in? I am fairly sure that in one of my conversations with Equita the chap on the phone suggested that they could take whatever & I would have to prove it was mine & not the company's

User avatar
Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#7 Re: Limited business high court writ at my home

Post by Schedule 12 » 20 Aug 2017 10:17

Dufski13 wrote:
20 Aug 2017 10:11
Thank you section -2, so do I have to prove my belongings are mine?
Yes. Here is a Template.. Keep a copy inside the front door, hand it to the bailiff on camera if he turns up, Ask him to leave quietly.



And do I have to let the bailiff in?
No. He must be invited in.

I am fairly sure that in one of my conversations with Equita the chap on the phone suggested that they could take whatever & I would have to prove it was mine & not the company's
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#8 Re: Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 10:28

Thank you Section 12, that is amazing. I will get that affidavit witnessed first thing in the morning.
Just one last question, under a high court writ against a company are the bailiffs not able to force entry to the business address? And as it is the registered address could they not legally do so at my house? Or do I still need to invite them in ?

User avatar
Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#9 Re: Limited business high court writ at my home

Post by Schedule 12 » 20 Aug 2017 10:35

Dufski13 wrote:
20 Aug 2017 10:28
Thank you Section 12, that is amazing. I will get that affidavit witnessed first thing in the morning.
Just one last question, under a high court writ against a company are the bailiffs not able to force entry to the business address?
Yes. Provided it is commercial premises.

It's rare because it usually costs the bailiff company more than its worth if it goes awry.



And as it is the registered address could they not legally do so at my house?
Forced entry to a home is not allowed. Only a commercial premises.




Or do I still need to invite them in ?
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Dufski13
Posts: 6
Joined: 20 Aug 2017 00:15

#10 Re: Limited business high court writ at my home

Post by Dufski13 » 20 Aug 2017 11:08

Amazing, thank you. You have really helped put my mind at rest a little. This whole situation is really stressful, & we genuinely didn't set out to get into this mess.

Post Reply