Business Rates Debt : Bailiff to home because of the Business address

[Sam25]

Hi there,
I have a business rate due from my limited company, I lost all the money in business and don't have anything to be pay. i changed my limited company address to home address.in order to close the company. now i got a bailiff notice to make payment. . ( Now I have changed my company address to original address and informed them ) Can they come to the house and seize my private property Can any one please advice ,

[ploddertom]

You are not going to like this but the Enforcement Agent has done nothing wrong and may still visit you at home. However he may only seize goods that belonged to your Ltd Co. The difficulty could be he may think your car may have belonged to the Co and would ask you to prove otherwise. You would need a proper receipt for it, able to prove you paid from a personal account, able to prove it is you and not your Co paying for tax & insurance. He has no right of entry to your home. Are you the sole director?

[Sam25]

Yes. I am the sole director. I have called and updated the Bailiff company that this business address is changed. Will they still come....? I have read in one of the post here, I can get a certificate from a Notary public for STATUTORY DECLARATION of properties in case if he comes. I have a very old car and not in my name. ( I have no items belong to my company, ).,I read, the second time, he may come with locksmit and open the door, Kindly advice..

[Sam25]

You are not going to like this but the Enforcement Agent has done nothing wrong and may still visit you at home. However he may only seize goods that belonged to your Ltd Co. The difficulty could be he may think your car may have belonged to the Co and would ask you to prove otherwise. You would need a proper receipt for it, able to prove you paid from a personal account, able to prove it is you and not your Co paying for tax & insurance. He has no right of entry to your home. Are you the sole director?

Thank you for your reply

[ploddertom]

Yes he can still attend, he is allowed to go to any address in England or Wales where he believes goods may be seized to satisfy the debt outstanding but only if they are the goods of the debtor. Save your time and money doing a Stat Dec, it's not that they are worthless but they can still seize goods if they think they are those of the debtor and it is then up to you as owner to prove they are yours. You car may be old but could still be targetted - best locked in a garage or moved onto someone elses drive.

[Sam25]

Yes he can still attend, he is allowed to go to any address in England or Wales where he believes goods may be seized to satisfy the debt outstanding but only if they are the goods of the debtor. Save your time and money doing a Stat Dec, it's not that they are worthless but they can still seize goods if they think they are those of the debtor and it is then up to you as owner to prove they are yours. You car may be old but could still be targetted - best locked in a garage or moved onto someone elses drive.

Thank you... What is Sat Dec,,,,

[ploddertom]

See your post 3.

[Sam25]

Thank you... What is Sat Dec,,,,

Yes, I got it, \\\\\\\\ will the come second time with locksmith and get into the house and seize property, ,,?

[ploddertom]

Not for this he won't.

[Sam25]

Not for this he won't.

Thank you very much for all your replies.. My company closure is suspended now. don't know why. I think i have to see a solicitor to declare insolvency....?

Please through me some light....

[Sam25]

Yes he can still attend, he is allowed to go to any address in England or Wales where he believes goods may be seized to satisfy the debt outstanding but only if they are the goods of the debtor. Save your time and money doing a Stat Dec, it's not that they are worthless but they can still seize goods if they think they are those of the debtor and it is then up to you as owner to prove they are yours. You car may be old but could still be targetted - best locked in a garage or moved onto someone elses drive.

Thank you PLODDERTOM : I got my Statutory Declaration signed by a Notary Public (Spent £ 50 ) , As i told you earlier, i have changed my company address from my home to the business address where , i did business. and informed the Bailiff company. Do I have to send the Statuary Declaration to the Bailiff Company or shall I give it , if some one knocks my door.

[ploddertom]

I would keep it by the door but only produce it if they decide to Take Control of Goods. Remember you do not have to give them access to your home and allowing them access voluntarily would be a bad idea. You must also understand that the Enforcement Agent or his Company do not have to take any notice of your Stat Dec if they believe the goods are those of the Company, as said previously the onus is on you to prove ownership. Fortunately most household goods are exempt from seizure anyway. Just be careful and hopefully the account will be passed back to the Council but be aware they may give it to another Company to try and collect.

[Amethyst]

Thank you very much for all your replies.. My company closure is suspended now. don't know why. I think i have to see a solicitor to declare insolvency....?

Please through me some light....

The council have a liability order against the company for the business rates and therefore may have filed an objection to your company's dissolution ( see https://www.gov.uk/object-to-a-limit...ing-struck-off ) - did you receive any documents from the council or magistrates court before the bailiff showed up? Have you spoken with the council since or seen the liability order ? ( is it in the ltd company name?)

Is your stat dec simply saying no company assets at your home address?

[Sam25]

The council have a liability order against the company for the business rates and therefore may have filed an objection to your company's dissolution ( see https://www.gov.uk/object-to-a-limit...ing-struck-off ) - did you receive any documents from the council or magistrates court before the bailiff showed up? Have you spoken with the council since or seen the liability order ? ( is it in the ltd company name?)

Is your stat dec simply saying no company assets at your home address?

I have got a " Notice of Enforcement" from Bristow & Sutor stating not paid money to council.

enforcement details : Liability order

The Bailiff has not showed up so far. They tried to reach me today through phone.

Not spoken with the council. Will it help in any way of stopping them...?

Yes . It is a limited company.

Is your stat dec simply saying no company assets at your home address. Yes.