High court enforcement help required

[ClubandBar]

Help Needed. I was a director of a company - resigned 6 months ago - an enforcement writ outstanding from the previous company- HCE turned up at a different address they alleged was a trading post - so they were told be their clients - and demanded we pay 10k or they would remove goods. The address was not on the writ and the company is totally different to the one on the writ - we provided ample evidence in business rates, bank states invoices etc but the HCE officer refused to accept them and demanded we pay at least 5k today. My daughter paid the to the company we have no responsibility for - they issued a receipt saying - paid by daughter of former director. No personal guarantee is inlace of the debt. Am I right the HCE is wrong - I have emailed the debt company giving them 5 days to refund the money -next steps Small claims court right?

[R0b]

Hi,

My immediate question is why did your daughter pay for something that wasn't of any concern to her? Also, were the funds her own or did they belong to someone else?

If the issue in question relates to an enforcement power, I believe you have to submit a claim via the High Court, not the county court, but that is on the understanding you are claiming as the debtor which is your money that was paid by your daughter.

[ClubandBar]

Hi,

My immediate question is why did your daughter pay for something that wasn't of any concern to her? Also, were the funds her own or did they belong to someone else?

If the issue in question relates to an enforcement power, I believe you have to submit a claim via the High Court, not the county court, but that is on the understanding you are claiming as the debtor which is your money that was paid by your daughter.

Hi
she paid because the HCE wouldn't leave the premises and was thereatnig t o close the business. She paid from her personal account to get rid of him and not distress to cutomers

[ClubandBar]

Thanks you for the response - yes I ant o claim the money back because the debt is not ours or my daughters - how do I claim via high court rather than small claims - what's the form name please - thank you

[R0b]

If the funds were not yours and instead belonged to your daughter then I can't see how you have a claim. The claim itself would have to be brought by your daughter. The regulations talk about taking control of goods and there is mention of proceeds but from what I gather it relates to proceeds from the sale of goods rather than payment.

So there doesn't look to be anything under the regulations that specifies a process for recovering money paid (presumably under duress) resulting an unlawful process. I think a claim may be available for your daughter in relation to restitution or unjust enrichment and to pay that money back, but I think a claim may be best served against the agent and the creditor who is ultimately the beneficiary.

I also understand that before enforcement for taking control of goods can happen, notice needs to be given. The regulations are not exactly clear that notice needs to be given to all relevant premises before enforcement can begin but I understand that is the practice. Assuming that is the case, then the bailiff would have acted outside their powers when attending those premises.

By the same token, when you supplied the bailiff with evidence that the company did not trade there and he disregarded it, that could have amounted to a breach of the regulations. There are some recent court cases that essentially give short shrift to bailiffs who have a disregard to the rules and that a writ does not give them carte blanche to do what they want and disregard evidence that supports the debtor company not operating there. They would then need to provide reasonable belief/evidence that was the case.

In terms of yourself, since you are not longer employed or associated with the company, you (or the company residing on the premises) may have a claim in trespass against the bailiff though if your looking for compensation, it may not amount to much. You could also seek a declaration from the court that those premises are not premises that the debtor company carries on business - that would mean the agent would not be entitled to take any enforcement action there.

Although I have a fairly decent amount of knowledge on the regulations and what bailiffs can or cannot do, I am not particularly up to speed on the case law so I would suggest you may be better off posting on another specialist forum https://www.bailifftalk.uk/ and they should be able to assist on your options and what the best steps are for yourself and your daughter.