Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HOURS'

[Bedfordshire]

My business (a Limited Company) recently hit very hard times and on the advice of my accountant I ceased trading on Dec 1st 2012 and left my furnished office. I sent letters to all creditors advising that the business had ceased trading due to becoming insolvent. I advised that the company has no assets or funds with which to appoint an insolvency practitioner and thereby initiate a voluntary liquidation. I am not in a financial position to fund this personally having lost my livelihood. I also advised in the letter that the company therefore, will now lie in a state of ‘limbo’ until either Companies House strike it off the register or a creditor winds it up through the High Court, leading to the Official receiver being appointed as liquidator. As you are a creditor to the company you may wish to consider doing this although recovery of all or part of the debt is unlikely. I advised that all future communications should be sent to my accountants office.

Yesterday afternoon I received a call from my accountants office saying that a Bailiff had called in and dropped off a 'REMOVAL 48 HOURS' notice for unpaid Council Tax. I'm really not sure what to do now. 48 hours falls on Sunday...

So many questions and concerns. The business has no assets - I was in an office that the landlord furnished so when I moved out all I took was paperwork, my laptop and personal effects. Where do I stand as I have notified everybody of the business situation. Can they come to my home and seize personal goods? Can they force entry into my accountants office on Sunday?

Can anyone advise please?

[kanine]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

I wouldn't have thought so, the proper course would be for the creditor to do as you say persue a winding up petition.

At the end of the day the bailiff surely can only deal with assets of the company.

If it is council tax though is it a personal debt ? others may come along and advise you better than me.

[Bedfordshire]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Thanks for that. The Council tax outstanding is against the company and the office I rented.

[CleverClogs]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Yesterday afternoon I received a call from my accountants office saying that a Bailiff had called in and dropped off a 'REMOVAL 48 HOURS' notice for unpaid Council Tax. I'm really not sure what to do now. 48 hours falls on Sunday...

Does a business normally pay Council Tax?

Who is the alleged debtor - you or your moribund company?

Which bunch of ba:censored:rd bailiffs are involved?

[Bedfordshire]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Apologies, the demand is from the Council for 'Non Domestic Rates' - I'm getting confused as due to personal circumstances I am alos behind on my personal Council tax but have an open dialogue with the Council on this.

[Bedfordshire]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

the Company is the debtor. The Bailiffs are Jacobs.

[bizzybob]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

the Company is the debtor. The Bailiffs are Jacobs.

Unless there are personal guarantees ordinarily a cresitor cannot enforce against a directors Personal property or home. Presumably your accountants address is the companies "Registered Office" or correspondence address? in which case all correspondence will go there and the bailiff will consider it's contents fair game.Jacobs are a notoriously thick headed bunch, and if they did attempt removal (actually theft) of your accountants assets they would be in the carp. Don't think they can call Sunday, but knowing what onanists (google it if unsure of the meaning) Jacobs are, it is entirely ppssible they will turn up with a Ford Focus car, or a Berlingo and add a van fee on a Sunday.

You should caontact the council and inform them BY LETTER, email with hard copy follow up will do, and also Jacobs, stating that all property at the address belongs to your accountant, therefore it cannot be seized, and sold to pay off your companies debts. Further mention that Jacobs would have to deal with the police if they attended to remove third party goods, and would put themselves and the council at risk of action under the Torts interference with goods Act 1977, along with any Criminal offences committed during an unlawful removal.

The other Beagles will have more helpful suggestions no doubt.

[CleverClogs]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Can they come to my home and seize personal goods?

No, but they may try to claim those as assets of the business.

Do you own a motor car, or did you get the company to pay for it?

Did you or your company insure it?

[CleverClogs]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Unless there are personal guarantees ordinarily a cresitor cannot enforce against a directors Personal property or home. Presumably your accountants address is the company's "Registered Office"? in which case all correspondence will go there. jacobs are a notoriously thick headed bunch, and if they did attempt removal (actually theft) of your accountants assets they would be in the carp. Don't think they can call Sunday, but knowing what onanists Jacobs are, it is entirely possible they will turn up with a Ford Focus car, or a Berlingo and add a van fee on a Sunday..

I do hope they clamp the accountant's car. :rofl:

[Bedfordshire]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

My car is in my name, insured by me.
Do they have a right to come to my home address to see if there are any business assets there? As I said, I left the office with my laptop (business purchased - but essential to me doing work) and paperwork. There's a clock and few pictures (nothing collectable!) that the company purchased when we moved in to the office. As I mentioned the business had no assets, I sold my time and commissioned freelancers so didn't hold any 'stock'.

[CleverClogs]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

My car is in my name, insured by me.
Do they have a right to come to my home address to see if there are any business assets there?

Yes, but you don't have to let them in.

Keep your doors, windows and gates locked and, if/where appropriate, electrified. :evil:

[Bedfordshire]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

I guess my real question is what action should I take? I can't just ignore the letter but I don't really want to call and enter into dialogue with the Bailiff. there's little I can do this weekend to contact the Council. What should I do next?

[bizzybob]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

I do hope they clamp the accountant's car. :rofl:

Would be a funny sight as if i were that accountant, i would go out with an angle grinder and cut off the illegally fitted clamp and wait for the Jacobs nomark to call the police. Would be worth a felt collar for the wrongful arrest and unlawful detention claim, if the copper sided with the bailiff.

[bluebottle]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

Unless there are personal guarantees ordinarily a cresitor cannot enforce against a directors Personal property or home. Presumably your accountants address is the companies "Registered Office" or correspondence address? in which case all correspondence will go there and the bailiff will consider it's contents fair game.Jacobs are a notoriously thick headed bunch, and if they did attempt removal (actually theft) of your accountants assets they would be in the carp. Don't think they can call Sunday, but knowing what onanists (google it if unsure of the meaning) Jacobs are, it is entirely ppssible they will turn up with a Ford Focus car, or a Berlingo and add a van fee on a Sunday.

You should caontact the council and inform them BY LETTER, email with hard copy follow up will do, and also Jacobs, stating that all property at the address belongs to your accountant, therefore it cannot be seized, and sold to pay off your companies debts. Further mention that Jacobs would have to deal with the police if they attended to remove third party goods, and would put themselves and the council at risk of action under the Torts interference with goods Act 1977, along with any Criminal offences committed during an unlawful removal.

The other Beagles will have more helpful suggestions no doubt.

The offence would be Burglary (Section 9, Theft Act 1968) as Jacobs' intellectually-challenged bailiffs would be entering the accountant's offices as trespassers. It carries a heavier penalty than Theft.

[bluebottle]

Re: Bailiff has arrived at my accountants (registered office) and left 'REMOVAL 48 HO

... but knowing what onanists Jacobs are...

They're that alright! Lol!