Court warrant against a company registered at a residential property

[Slicster1]

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

[echat11]

Hi Slicster

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

[des8]

If the company own the property then a charge can be placed over the company’s 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)

[Slicster1]

Thanks for the help, I’ll 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 I’m new to all this legal stuff)

[islandgirl]

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

[des8]

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

[Slicster1]

Thank you both - I’ve 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?

[des8]

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."

[R0b]

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?

[Slicster1]

definitely no covenant preventing running a business on the property

[Slicster1]

No worries rob I need all the advice I can get! The warrant was issued, I didn’t 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.

[Slicster1]

I’m guessing I have no options from here but to forgot about it?

[des8]

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

[Slicster1]

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

[des8]

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