Marstons Group Problems

[RobBee]

Hi All

I am new to this site as i usually just view as a guest and find the answers i need.

Anyway basically i am the sole director of a limited company which until 6 month ago was going fine. In the last 6 months i have built up debts with HMRC, and an wholesaler i used for materials.

The wholesaler i owed £1400.00 they applies for a CCJ but the paperwork went to the previous registered company address and i never recieved it but they did forward the judgement to my new address and i noticed it was for £1430.00 then with costs on top i rung their solicitor who said the wrong amount didnt matter has the judgement was given and the creditor would take £30.00 off the balance as if i had made a payment of £30.00.

What he did say was that the CCJ was given and it was enforced straight away and a writ given against me.

Last Friday 25/01/13 an high court enforcement officer come to my home which i rent privately as i run the business from home i was not there but my partner was asking for 3.5K.

Basically the company has no assets i am an electrical contractor but i myself am registered as a sole trader and basically the van all tools are in my name and i work for the limited company using my own van and tools. Therefore the company gains the credit and contacts are paid for to the ltd company, once the HCEO realised this he said to my partner is that your car (it is registered at her house and in her name and has been for the last 2 years since she bought it). He then said i shouldnt really levy on it but because there isnt anything else i have to do it on something and he levied on the car.

After i spoke to my accountant on friday she said to stop trading and declare the company in solvent and start strike off procedures, the problem i have is that the paperwork has come for the levy today and a walking possesion they have asked to be signed basically i need to know how to tell marstons that i have ceased trading as of friday the company has no assets and to invite the client to wind up. I also need to remove the levy of the 3rd party car, i did pay £250.00 over the phone has he got there office to ring me up and said i needed to pay £250.00 to stall it over the weekend and my partner was worried as she needs her car for work.

Any help and i will be very grateful

Rob

[ploddertom]

Re: Marstons Group Problems

In whose name is the Writ - you personally or your Ltd Co?

[RobBee]

Re: Marstons Group Problems

Ltd company

[ploddertom]

Re: Marstons Group Problems

In that case they may only seize the goods that belong to the Ltd Co. You must ASAP challenge the levy on your OH vehicle and insist the remove the levy and all associated costs. If the Ltd Co has no assets then there is not much else to do unless you gave a personal guarantee to the outstanding debt.

[RobBee]

Re: Marstons Group Problems

Thanks for you reply no i didnt sign any personal guarantees, i dont have any bank loans or overdrafts the only reason my accountant said to strike off is because of the stupid charges they add on everyday etc etc.

If i email marstons so i have it in writing and send a copy through the post will i need to put a copy of the logbook in with it etc.

[ploddertom]

Re: Marstons Group Problems

Thanks for you reply no i didnt sign any personal guarantees, i dont have any bank loans or overdrafts the only reason my accountant said to strike off is because of the stupid charges they add on everyday etc etc. To be perfectly honest if you have no assets they can seize why bother going for strike off, they can add as much as they like but if the Ltd Co has nothing then what do they intend to do. The payment you have made so far can be looked upon just as a "voluntary payment" for goodwill, the chances are the Claimant will see very little of it as it will go down to charges.

If i email marstons so i have it in writing and send a copy through the post will i need to put a copy of the logbook in with it etc.

Does she still have a receipt or bill of sale for it which would be better. You can of course send a copy of the V5 but they will probably counter that by saying Registered keeper isn't necessarily the owner. Is the Insurance in her name? You could invite them to do a DVLA check. Or is it on finance?

Normally I would advise you apply for a Stay of Execution against the HCEO which if granted halts all further enforcement & charges. But as you Ltd Co has no assets then really this would be of no use.

[RobBee]

Re: Marstons Group Problems

Yeah i thought about just leaving the company and let companies house eventually disolve it,

The insurance is on my policy has i have ten years no claims and my van is on my commercial policy in my name a seperate policy different no claims etc as commercial is seperate from the personal.

We do have the receipt the car was purchased from a family friend who is a car dealer and runs a garage and forecourt.

They can come as much as they want to the house there is nothing at all for the company all i have ever bought is materials which are used on jobs i set the business up as a sole trader so the van and insurance is all in my name and has been since i set up 4 year ago as a sole trader.

[ploddertom]

Re: Marstons Group Problems

Regardless of what they say when they come they have no right of entry to your home, they may only enter peacefully through an open door or window. If you any detached buildings - garage, shed, greenhouse etc - they are allowed to force entry if they believe there may be goods belonging to the Ltd Co inside that could be sold. However if they do & there isn't they can be had for trespass.

They may call 3 or 4 times & when they realise they are not getting anything return it to the Claimant. The Writ remains live for 12 months and can be renewed on request. There is nothing stopping the Claimant getting another HCEO involved and the whole circus starts again.

[RobBee]

Re: Marstons Group Problems

I have been told to write to the claimant and advise them i have ceased trading due to being insolvent and see what reply i get.

I think that is why my accountant said to sink the ship as soon as possible to try to make them realise there is nothing left. I did speak to debtline and when i said the revenue is 4K but they owe me 2K leaves a balance of 2K they probably will let it go and the other creditors wont see fit to pay to liquidate the company and it will eventually be companies house who go for strike off.

[ploddertom]

Re: Marstons Group Problems

Sounds as if you have it all sussed.