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CCJ in Limited Company, Today High Court Officer visited my home - Advice?

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  • CCJ in Limited Company, Today High Court Officer visited my home - Advice?

    Hello Everyone

    Just after some help please - bit of a long read I apoligise in advance.

    This year I received a CCJ from a courier company, I was using their service to import goods to the UK and I was unhappy with their charges as the 5 / 6 times that I used them they claimed my boxes were larger than they actually were and so I got charged a higher rate, which annoyed me as I felt it was deliberate.

    In any case this eventually went to court and I didn't do anything about it (I know I should have) and I received a CCJ for circa £3K.

    This was entered on either the 19th or 20th January, so my intention was just to give up put it down to experience and pay before the 30 days and have it removed, a CCJ didn't affect my business as we are only small and don't require any credit. Moved to new courier who knew my old courier and explained that they are well known for doing this (over charging) unfortunately new courier company has lost one of my shipments which means I am considerably out of pocket (a little over £5K worth of stock)

    So for the past week I have been dealing with the issue of my lost delivery and fall out from that, this morning I leave for work like any other morning and a few hours in get a call from my wife to say she was leaving the house with my son and was confronted by a High Court Enforcement Officer.

    He basically asked her if she was Mrs (name of business) she said no, he asked where my business premises were; she refused to give it to him, he asked for a contact number etc etc and she basically said she is not helping him and went back in the house and locked the door after her.

    He then posted paperwork through the door stating that they have added the following costs

    Judgment Debt: £2,951.17
    Judgement Costs: £200
    Costs of Execution: £111.75
    Interest to Date:£10.03
    HCEO Fees: £1,294.63

    Now it is alarming that the HCEO (Andrew Wilson & Co) have already increased the debt by nearly 50% so now I owe £4,447.58

    Also they have made a levy on my wifes car and reg number.

    I want to point out that when I first started doing business with this courier I had them deliver to my home address and never bothered to let know my office address as I was in a temporary storage at the time which was 10 mins from my house, since then I have moved into permanent offices.

    My office address isn't posted anywhere so I doubt they can find me there and while it would be embarrassing if he turned up at my work as I share the office with a couple of other companies I guess it is preferable to him going to my house and scaring my wife.

    Now what I really want to ask about is what do you think I should do, I do owe the courier money but I disagree with the amount but I think at this stage I need to accept it for what it is, I could pay them off today but if I do so then my business grinds to a stop as I wont be able to replenish the stock which has gone missing and the airline won't be reimbursing me for at least 30 days.

    I am concerned by how much the debt has increased by, that seems to be crazy and even more so I don't want this guy coming back and taking my wifes car - which is registered in her name and is paid for outright, its the only vehicle we have as a family and she is self employed and requires it for her work (I get a lift) and if she cannot get to work we are in serious trouble.

    Any advice at all, I realise I have to pay this off but I think if I could buy myself some time without the debt increasing too much then I would take that option?
    Tags: None

  • #2
    Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

    Legally. he cannot seize your wife's motor car as it does not belong to the limited company. He knows that - or damn well should know that - but he rather hopes that you don't.

    Or he simply doesn't care about such matters of law.

    When did your company move its Registered Office to its present location? Was it before or after the CCJ?

    Have you considered the effect the CCJ may have on the solvency of the business? Might it be cheaper and less traumatic to fold the business and start up another limited company?

    Comment


    • #3
      Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

      Originally posted by CleverClogs View Post
      Legally. he cannot seize your wife's motor car as it does not belong to the limited company. He knows that - or damn well should know that - but he rather hopes that you don't.

      Or he simply doesn't care about such matters of law.

      When did your company move its Registered Office to its present location? Was it before or after the CCJ?

      Have you considered the effect the CCJ may have on the solvency of the business? Might it be cheaper and less traumatic to fold the business and start up another limited company?
      Thanks for your response

      I know he can't legally, I remember my solicitor advising me to set up as a Limited Company rather than a sole trader for this purpose, if anything should go wrong apparently I am not personally liable.......but I'm wondering if he may try to seize it anyway anyway? Is there anything I can do to try and prevent him from doing so?

      Officially (I assume you mean notifying companies house?) I don't think we ever moved our registered office, I set the company up on the internet and just had everything sent to my home as I wasn't ready to trade yet and didn't have any premises

      Well this business was a little experiment, the name isn't worth anything so I don't mind closing it and starting again as it's just the knowledge/experience that is important to me but I don't know how to close it fairly quickly without it costing me a lot of money? Any suggestions? I could wait for it to be struck off but I gather that would not happen for a little while?

      Comment


      • #4
        Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

        Your wife needs to submit a 3rd Party Claim as to ownership of the vehicle including providing proof of same. I was under the impression with a Ltd Co you can register it anywhere and tradr from a different address.

        As a residential address the HCEO has no right of entry unless of course he is invited in - which would be a seriously bad idea. He may only seize the goods of the debtor so at the present time he is seriously out of luck.

        If however he was to find your trading address then as a business premises he is entitled to force entry which could then cause you problems. If he has not been able to find you and can find no goods to levy on then the Writ is dead in the water and he will eventually have to return it to the Judgment Creditor ie no fees being payable by yourself.

        Comment


        • #5
          Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

          Problem?
          If the OP sells online which seems possible the bailiff might find out where the premises are?
          Then what

          Comment


          • #6
            Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

            Originally posted by wales01man View Post
            Problem?
            If the OP sells online which seems possible the bailiff might find out where the premises are?
            Then what
            Luckily I'm quite lazy so I haven't changed any of my addresses over online either....so the chances of anyone finding me at my new office are very slim, unless he were to follow me.....

            Comment


            • #7
              Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

              Good the CCJ wont go away but hopefully the HCEO and their ridiculous fees will

              Comment


              • #8
                Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                Originally posted by ploddertom View Post
                Your wife needs to submit a 3rd Party Claim as to ownership of the vehicle including providing proof of same. I was under the impression with a Ltd Co you can register it anywhere and tradr from a different address.

                As a residential address the HCEO has no right of entry unless of course he is invited in - which would be a seriously bad idea. He may only seize the goods of the debtor so at the present time he is seriously out of luck.

                If however he was to find your trading address then as a business premises he is entitled to force entry which could then cause you problems. If he has not been able to find you and can find no goods to levy on then the Writ is dead in the water and he will eventually have to return it to the Judgment Creditor ie no fees being payable by yourself.
                How would my wife submit a "a 3rd party claim of ownership"?

                I thought you could register it anywhere too.....

                Comment


                • #9
                  Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                  Originally posted by ToBeKing1988 View Post
                  How would my wife submit a "a 3rd party claim of ownership"?
                  She has 5 days to do this. Send a letter stating she is the owner - does she have a receipt for the car? Regardless that a V5 only shows the RK of a vehicle it is still worth doing as taken overall it helps prove her case. Is the insurance in her name & is it only for SD&L?

                  The alternative is for her to submit a Statutory Declaration for which she will need a solicitor or Commissioner for Oaths to notarise it. Costs about a tenner and usually no appointment needed.

                  Once received the HCEO should send it to their client to admit the Claim or deny it. If admitted then that is it all done & dusted. If denied then it may need to go to an Interpleader Hearing - we won't go there unless we have to. If no response is received within 7 days then it is accepted they have run out of time and the Claim is admitted.

                  Comment


                  • #10
                    Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                    Originally posted by ploddertom View Post
                    She has 5 days to do this. Send a letter stating she is the owner - does she have a receipt for the car? Regardless that a V5 only shows the RK of a vehicle it is still worth doing as taken overall it helps prove her case. Is the insurance in her name & is it only for SD&L?

                    The alternative is for her to submit a Statutory Declaration for which she will need a solicitor or Commissioner for Oaths to notarise it. Costs about a tenner and usually no appointment needed.

                    Once received the HCEO should send it to their client to admit the Claim or deny it. If admitted then that is it all done & dusted. If denied then it may need to go to an Interpleader Hearing - we won't go there unless we have to. If no response is received within 7 days then it is accepted they have run out of time and the Claim is admitted.
                    The car is quite a few years old now, she does have a receipt somewhere I will try and find it tonight.

                    Does she need a copy of the V5 too?

                    The insurance is in her name but I am a named driver....

                    I feel I should know what SD&L means but I don't can you clarify for me please?

                    Should she sent all the information to Andrew Wilson & Co?

                    Edited to say I have found the receipt, it isn't anything fancy as the car was bought second hand but is dated back in 2011 and shows the sellers name and signature and my wives full name and signature too

                    Comment


                    • #11
                      Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                      Originally posted by ToBeKing1988 View Post
                      The car is quite a few years old now, she does have a receipt somewhere I will try and find it tonight.

                      Does she need a copy of the V5 too? Would help back up the receipt

                      The insurance is in her name but I am a named driver.... doesn't matter as long as the Ltd Co aren't named

                      I feel I should know what SD&L means but I don't can you clarify for me please? Maybe I should have said SD&P - Social, Domestic & Pleasure

                      Should she sent all the information to Andrew Wilson & Co?

                      Edited to say I have found the receipt, it isn't anything fancy as the car was bought second hand but is dated back in 2011 and shows the sellers name and signature and my wives full name and signature too
                      Send to Andrew Wilson - you could hasten things by copying them all and attaching to an email followed by a copy in the post ensuring you get a Certificate of Posting (free) from the Post Office.

                      Comment


                      • #12
                        Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                        Originally posted by ploddertom View Post
                        Send to Andrew Wilson - you could hasten things by copying them all and attaching to an email followed by a copy in the post ensuring you get a Certificate of Posting (free) from the Post Office.
                        Brilliant I will get this done tonight.....

                        The insurance isn't in the company name and yes the insurance is SD&P.

                        I will email it to them and post it I will send recorded delivery just in case.

                        Once I have done this is there anything else I need to be cautious about?

                        Comment


                        • #13
                          Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                          Originally posted by ToBeKing1988 View Post

                          I will email it to them and post it I will send recorded delivery just in case.
                          No need to send by Signed For as sometimes they refuse any communication they have to sign for. Just get a Certificate of Posting - that proves you have posted it and it is then deemed served a few days later. Remember that the Courts send most of theirs by ordinary post.

                          Comment


                          • #14
                            Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                            One thing I did forget to ask - did you ever agree to this by making a personal guarantee?

                            Comment


                            • #15
                              Re: CCJ in Limited Company, Today High Court Officer visited my home - Advice?

                              Originally posted by ploddertom View Post
                              One thing I did forget to ask - did you ever agree to this by making a personal guarantee?
                              No personal guarantee signed.

                              i will also send the letter standard post and just get a receipt, thanks for everyone's help, taken a load off my mind

                              Comment

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