• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court warrant against a company registered at a residential property

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court warrant against a company registered at a residential property

    Hi all,

    Need some advice, I submitted a warrant against a company against the address listed on companies house, the court has said it is a residential address and cannot enforce the warrant, any advice would be appreciated.

    This is the email I received from the court:

    The bailiff has no powers even with the court warrant to enter a residential property without being invited over the threshold.

    Unfortunately, on this occasion nobody has communicated with a court officer making this impossible to enforce. Therefore this was not returned with immediate effect with bailiff trying to retrieve your monies further.

    The court is unable to provide legal advice, please seek this independently.


    thanks
    Tags: None

  • #2
    Hi Slicster

    des8 Can you please take a look and advise, thank you.

    Comment


    • #3
      If the company own the property then a charge can be placed over the companyís beneficial interest in it.
      Won't mean you obtain immediate payment but it gives hope for eventual recovery
      Check ownership on Land Registry site for £3 (https://www.gov.uk/search-property-i...-land-registry)

      Check their company accounts to see if the company assets include any vehicles (or other assets likely to be outside the property)

      Comment


      • #4
        Thanks for the help, Iíll take a look on land reg tonight - what are my options if the property is not in the company name?

        how do I check company accounts? (sorry Iím new to all this legal stuff)

        Comment


        • #5
          You can get the company info here: https://www.gov.uk/government/organi...ompanies-house

          Comment


          • #6
            While your looking at Land Registry see if there is a covenant forbidding the running of a business from the premises.

            Comment


            • #7
              Thank you both - Iíve obtained the register and it was not purchased in the company name however I cannot see a covenant forbidding the running of a business, what would the wording be for that?

              Comment


              • #8
                wording maybe something like this (1902 wording taken from my register):

                "...shall not nor will at any time hereafter carry on or permit or suffer to be carried on in the said messauge and buildings or in any such buildings to be hereafter erected as aforesaid any trade business or manufacture of any kind or nature whatsoever."

                Comment


                • #9
                  Sorry to chime in but in your first post, are you saying the court did not issue the warrant or that it did issue the warrant but the bailiff is not prepared to enforce it? Did they give you your money back either way?

                  Also was this County Court of High Court bailiffs you wanted to instruct?
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    definitely no covenant preventing running a business on the property

                    Comment


                    • #11
                      No worries rob I need all the advice I can get! The warrant was issued, I didnít receive any correspondence for months so I raised a complaint and received this reply:
                      The warrant was issued in June 2021. I have now investigated your complaint regarding bailiff visit to retrieve the monies owed.

                      This warrant will be returned, bailiffs cannot execute business warrant on a residential address. If you have further information, please provide further new address details upon issuing the warrant.

                      I sincerely apologise for the inconvenience you have experience and trust any further dealing you may have with The Romford County Court will be of a higher standard.

                      Comment


                      • #12
                        Iím guessing I have no options from here but to forgot about it?

                        Comment


                        • #13
                          You have only given minimal information, but I suspect it is a small concern with minimal information in the accounts.
                          What sort of company? they may have assets which wouldn't be listed but you could enforce against
                          How much were you awarded? is it worth bothering about?

                          You have six years in which to enforce the judgment, so keep an eye on them in case things change

                          Comment


                          • #14
                            Hi Des8, the company It is against manufacturer clothing, the amount is for about £830 which is a lot of money to me right - how would I go about finding out if they have other assets and how would I enforce it? Would I need to request another warrant? Sorry for the questions

                            Comment


                            • #15
                              Do they carry out the manufacturing at the residential address?
                              How do they deliver their goods? perhaps they have a vehicle owned by the company?
                              have you checked out their accounts as filed with Companies House?
                              Do they have a presence on social media such as Bookface? there may be clues there as to assets/

                              I'm afraid it means a lot of legwork

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 3 < >

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              2 of 3 < >

                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                              3 of 3 < >

                              Need Formal Help?




                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X