ccj, unsure what to do

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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mathwh
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#1 ccj, unsure what to do

Post by mathwh » 12 Nov 2017 19:07

Ok all, im in need of help, i have asked on another forum but just wanted more advice if possible

i started a LTD company less tham a year ago
it was going well, but some bad business decisions have quickly turned the good to bad

i have a 3 debts with suppliers,
one at £2.5k
one at £3k and
one at £2700

the £2700 got a ccj against the company

i was paying 500 a month but cant afford to pay it, now i have received a notice of issue of warrant of control.

The registered office address was my home until recently when i changed it,
i now use one of the online registered office services things

sorry not sure what its called exactly, so its now different to my home

the issue of warrant letter came to my house as it was sent before i updated the details with the supplier which i have now done

im worried that bailiffs are going to turnup and start taking my families stuff,
we dont have much,
an old car in my partners name,
the usual tv sons xbox and a few other bits,
nothing of great value

just hoping someone can tell me what i can do,
i really couldnt face the family if the bailiffs came and took stuff
im finding it hard to look my kids and partner in the eyes now as i feel like a total failure

many thanks

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Schedule 12
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#2 Re: ccj, unsure what to do

Post by Schedule 12 » 12 Nov 2017 19:32

mathwh wrote:
12 Nov 2017 19:07
Ok all, im in need of help, i have asked on another forum but just wanted more advice if possible

i started a LTD company less tham a year ago
it was going well, but some bad business decisions have quickly turned the good to bad

i have a 3 debts with suppliers,
one at £2.5k
one at £3k and
one at £2700

the £2700 got a ccj against the company

The CCJ can only be enforced against the company.



i was paying 500 a month but cannot afford to pay it, now i have received a notice of issue of warrant of control.
That looks like the debt is being enforced in the county court. Its common policy to transfer up a
debt to the high court for enforcement. That places the creditor at huge risk because a stay of execution renders the creditor liable for all the enforcement fees charged up to that point. Its easy getting a stay and a transfer down because enforcement procedure (since 2014) for recovering a high court writ and a CCJ are identical.





The registered office address was my home until recently when i changed it,
As far as the law goes is the warrant can be enforced at your home address because that will be the enforcement address on the warrant. Enforcement will fail if the company does not keep goods there. The good news is the bailiff cannot break entry to any domestic property. He can break into a commercial property, but that is risky for the bailiff because it can attract an expensive liability should the enforcement go awry.


i now use one of the online registered office services things

sorry not sure what its called exactly, so its now different to my home

the issue of warrant letter came to my house as it was sent before i updated the details with the supplier which i have now done

im worried that bailiffs are going to turnup and start taking my families stuff,
we dont have much,
Your own goods are safe. You should make a statutory declaration proving ownership of all chattels contained and that will revoke any bailiff entitlement to consider the goods to be the goods of the debtor company. There is a free template somewhere on this board. Bailiffs attract a liability if they rebuke a statutory declaration handed to him outside the property on camera.



an old car in my partners name,
the usual tv sons xbox and a few other bits,
nothing of great value

just hoping someone can tell me what i can do,
i really couldnt face the family if the bailiffs came and took stuff
im finding it hard to look my kids and partner in the eyes now as i feel like a total failure

many thanks
I wouldn't consider yourself a failure. You made a business decision that didn't work out.

If the company is still trading and has income, then a director for the company can apply to stay the execution of the warrant of control and vary it to be paid at an amount the company can afford. The court form is an N244 which you can download here:

https://formfinder.hmctsformfinder.just ... 44-eng.pdf

There is a myth doing the rounds that says a company must complete a form N245 to apply for a variation. That advice is wrong.

A form N245 is a personal income and expenditure. The debt is owed by a company. The correct form is an N244 application notice.

Another myth also doing the rounds is you can apply for fee remission by completing a form EX160. That advice is also wrong.

An EX160 is for a person to claim court fee discount or rebate of court fees. It does not apply to debtors that are a company.

Do not initiate any contact with a bailiff. Let them contact you. If a bailiff turns up then deploy this:

http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

mathwh
Posts: 7
Joined: 12 Nov 2017 19:05

#3 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:25

thank you for the reply

im worried sick that the bailiff will come knocking, my partner is ill because of it

I was advised to remove myself as director, because the company only had the 1 myself, then companies house would start the striking off procedure, is that right,or even a good thing to do?

as i said i have informed all the creditors that i have ceased trading, i have the ds01 form to send to comapnies house ready to go
so do i just ride it out for a few months until the company is struck off
can the creditors refuse the strike off?
if so what happens if they do?

many thanks

mathwh
Posts: 7
Joined: 12 Nov 2017 19:05

#4 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:28

"As far as the law goes is the warrant can be enforced at your home address because that will be the enforcement address on the warrant. Enforcement will fail if the company does not keep goods there. The good news is the bailiff cannot break entry to any domestic property. He can break into a commercial property, but that is risky for the bailiff because it can attract an expensive liability should the enforcement go awry."


so is it worth letting the bailiff in to see that i dont have any company goods here


another thing, i do have a van, its not sign written it was bought in my name and has 2 years finance left to pay, can they take that

mathwh
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Joined: 12 Nov 2017 19:05

#5 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:29

i also use the van for a new fulltime job im starting tomorrow

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Pote Snitkin
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#6 Re: ccj, unsure what to do

Post by Pote Snitkin » 12 Nov 2017 21:30

Is the van on finance or HP?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

mathwh
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Joined: 12 Nov 2017 19:05

#7 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:38

not sure, what is the difference?

mathwh
Posts: 7
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#8 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:41

i think actually its hp
my father in law got the agreement as i couldnt get the credit score
the van is in my name though

mathwh
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Joined: 12 Nov 2017 19:05

#9 Re: ccj, unsure what to do

Post by mathwh » 12 Nov 2017 21:44

We are acting as a credit broker and not a lender. We can introduce you to a number of carefully selected credit providers who may be able to offer you finance for your vehicle. We are only able to offer finance products from these providers and a commission may be received for this introduction. Finance available subject to status. Terms and conditions apply. 18s and over. Guarantee and/or Indemnities may be required. Other finance offers may be available but cannot be used in conjunction with this offer. Representative Examples are for illustrative purposes only. Address: The Trades Van Centre Ltd, Salisbury Road, West Wellow, Romsey, SO51 6BW. Authorised and regulated by the Financial Conduct Authority. Firm Reference Number:758611


i found that on the web site where i bought the van if that explains?

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Pote Snitkin
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#10 Re: ccj, unsure what to do

Post by Pote Snitkin » 12 Nov 2017 22:05

You'd need to see what the contract says to make sure.

With HP, you don't own the car until the final payment, so a bailiff cannot touch it. With finance, you are given the cash upfront to buy a vehicle and you repay the cash loan. This means you own the vehicle straight away so would be at risk of being seized by the bailiff.

Looking at their website it looks like a finance deal. As your father-in-law signed the contract you could argue that he's the legal owner of the van, so a stat dec stating that would be beneficial.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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