I can't afford to shut down a ltd company

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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Hellojack
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#1 I can't afford to shut down a ltd company

Post by Hellojack » 02 Feb 2017 00:32

Hi, I'm in a bit of bother. My ltd company ran into trouble and I had to let the staff go and basically stop trading. I owed a months rent on the building and also had a couple of creditors. I put every last penny into it to try to keep it going and I am now having Bailliff letters to my home for the outstanding debts including the rates. I can't afford to shut the company and I have no company assets. Can the Bailliff take thing from my home?

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Schedule 12
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#2 Re: I can't afford to shut down a ltd company

Post by Schedule 12 » 02 Feb 2017 10:23

No.


The debtor is the company. Not you.

Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

  • 10An enforcement agent may take control of goods only if they are goods of the debtor.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Schedule 12
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#3 Re: I can't afford to shut down a ltd company

Post by Schedule 12 » 02 Feb 2017 10:24

jasonDWB wrote:
02 Feb 2017 10:23
No.


The debtor is the company. Not you.

Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

  • 10An enforcement agent may take control of goods only if they are goods of the debtor.
Bailiffs cannot take control of goods of your company at your home address - unless someone has doctored the writ of control by changing the address from your company to your own private address.

Never let a bailiff into your house. Make your car safe. You don't want the aggro of having to attend court redressing it all.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Michelle
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#4 Re: I can't afford to shut down a ltd company

Post by Michelle » 02 Feb 2017 15:59

jasonDWB wrote:
02 Feb 2017 10:24
Bailiffs cannot take control of goods of your company at your home address - unless someone has doctored the writ of control by changing the address from your company to your own private address.

Never let a bailiff into your house. Make your car safe. You don't want the aggro of having to attend court redressing it all.
In many cases, the registered address of a limited company may also be the home of one of the directors, so there would be no need to doctor anything, although in the OP's case, as he says he owes rent "on the building", it may not be the case, he may have been trading out of separate premises, but its worth double-checking, especially these days when a lot of work can be done from home.
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.

Knowledge is Power.

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Schedule 12
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#5 Re: I can't afford to shut down a ltd company

Post by Schedule 12 » 02 Feb 2017 17:34

Provided the writ address is the home address.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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