Hello!

[SadDepressedLady]

Hi everyone. I am a tenant farmer who has suffered extreme difficulties this year due to the weather and the crazy price of feed. I owe the landlord money, the council tax is being handled by a bailiff and the worst thing is that I have a HCEO on my back due to an unpaid feed bill. My family is living hand to mouth and we don't even have the money sometimes for food.
I feel suicidal to be honest and so ashamed.
I am clinging to my business in the hope that the weather will pick up and let us sort things out. It is a very small limited company selling pork. I am the only director.
My partner has his sole trader beef business here and there is also a riding school on the farm which is a limited company as well. This is suffering too cos of the weather.
My worst nightmare happened yesterday. A HCEO came out about 3 months ago and said he would start seizing things. I asked if he would wait til my partner came back to discuss things as I was in the house with a 2 yr old and my autistic son. He refused. He told me to sign a document or he would remove things now. I didn't know what I signed and when asked for a copy - the company have refused to send me one. They charged me fees for an inventory that was never done. He wrote "anything and everything on the property to sell to clear the debt" on a paper and left it. I offered to pay £530 a month. They accepted - the debt is for £2000 (including all their charges - it was £1200). We managed one payment but things just got worse and we couldn't pay anymore. The bank sucked up a VAT repayment and used it to clear my overdraft.
The HCEO came out again yesterday, refused to speak to me, but ranted at my partner - who is NOT a director of the company, decided to put a levy on my partners car - his private vehicle (which has a levy on it for the council tax!) and a horse trailer belonging to the other business. The HCEO went onto part of the property that is nothing to do with the struggling company but refused to leave when told. He found nothing of value - we have no assets to sell. As I said, we are struggling. My partner showed him the V5 for the car - he said that didn't prove ownership, he showed him proof that the horse trailer is not belonging to the company either. The HCEO said that because my OH did not contest the previous order that states that they can take anything and everything on the farm, that he is now entitled to take everything.
I tried to speak to the HCEO but he refused to speak to me.
SO I need help.
1. Surely the HCEO should not have dealt with my OH, but me.
2. How can he levy on a private vehicle?
3. The HCEO would not answer the questions as to whether he was going to return for the car, but pushed past my OH and drove off. How do we prove the car does not belong to the company?
4. If I had the money, I would pay, but we have nothing. Should I ask for the company to be struck off? Or do I hope we pick up this summer and I can pay the debt? I have not bought or sold anything since October. I cannot afford a liquidator - the company is just too small and that is the only debt outstanding.
5. How do we show that several businesses operate from the same premises?
He said he would take everything regardless unless we had bills of sale he would say that they belonged to the company. I am afraid that my OH will lose his cattle due to my business failing. I am distraught. Please can anyone advise. I want to make a complaint cos the HCEO was so rude and refused to answer any questions or even to talk to me.

[Hurricane Puffrose]

Re: Hello!

Hello and welcome.

Firstly there is no need to be ashamed, you have done nothing wrong, and cannot control the weather.
Everyone here has had experience of debt at some stage, so hold your head high again. No one here will judge you.

PLEASE PLEASE don't worry, there are people here who can and will help you, and I will put out an urgent shout for you.

If you want to talk to a mam of a tearaway (I mean a toddler) then please feel free to PM me.

We CAN and WILL get this sorted for you, hang in there hun..

[SpringerSpaniel]

Re: Hello!

I think the NFU have a helpline - have you tried this ?

[Hurricane Puffrose]

Re: Hello!

NFU

Agriculture House
Stoneleigh Park
Stoneleigh
Warwickshire
CV8 2TZ

Tel: 024 76858500
Fax:024 76858501

[SadDepressedLady]

Re: Hello!

I can't find any help from NFU. I also forgot to mention that the new paperwork that they left with my partner - shows sheriffs fees of £1178.01 now - the debt was for £1096 originally - now stands at £2306.93 BUT there is no mention of the £530 that I have paid. What happened to that money? This is just dire.

[SadDepressedLady]

Re: Hello!

Thank you I will see if they can help with anything.

[Hurricane Puffrose]

Re: Hello!

if we can help, we will.

you have done nothing wrong, keep your chin up sweetie, we're here now

[SadDepressedLady]

Re: Hello!

Thank you so much. I feel very alone and so upset that my OH is now suffering thinking that he will lose his car. I don't even drive, never mind have a company vehicle. I have nothing to offer anyone or I would give it to them. :-(

[Hurricane Puffrose]

Re: Hello!

your not alone now, you have a pack of beagles behind you.

If you ever feel lonely, just come online and shout out, even if you call a thread is anyone there, and we will come and torment you.. i mean TALK to you.. yes.. I meant talk to you!!

My hubby is a trucker so I understand the whole bad weather = no work bit, and with you have the animals it must be doubly hard.

we are all sending you positive vibes from our varying locations hun! and we will help you every step of the way. You are with friends now.

You run a pork farm?
All I know about pigs is that they need suncream in the summer and the only part you can't eat is the oink.. which I thought was the name for the nose of a pig (but that's another story!)

[MissFM]

Re: Hello!

http://www.farminghelp.co.uk/contact/ Huge sympathy - don't know whether this is any help but maybe worth a try? As Puff says, hang on in there!

[labman]

Re: Hello!

Hi SDL,

We have a couple of people on the forum who are experts when it comes to HCEO's. I could offer advice, but I would prefer to wait, given the severity of your situation, for one of the to post.

I will send a message to them immediately, though they do work, so please don't think you've been abandoned if they are not able to post until this evening.

In the meantime, and I know it's easier said than done, please try not to worry yourself to death about this. If it's any consolation at all, a few years ago I had four lots of bailiffs on my back simultaneously and I felt exactly the same as you do now. I'm still here and smiling - you WILL come out the other side of this, even if it doesn't feel that way now.

Please take care, and I'll message the experts now so you can access the help you so desperately crave asap. I will keep a personal eye on the thread as well.

[pepsie]

Re: Hello!

Hi and welcome...labman sent me a message to look in and see if I can be of help.

Firstly, (easy for me to say you will think) but pleaseee don't panic or worry there are many ways this can be easily dealt with, firstly I will answer your questions as far as I am able at this moment,with what you have posted.

1. Surely the HCEO should not have dealt with my OH, but me. If you are the named debtor on the writ you are the person they should speak with.
2. How can he levy on a private vehicle? If the car is not registered to the business or you as the debtor it will be subject to a 3rd party claim,( I will return to this later)
3. The HCEO would not answer the questions as to whether he was going to return for the car, but pushed past my OH and drove off. How do we prove the car does not belong to the company? Did he leave you a form 55 notice of seizure?
4. If I had the money, I would pay, but we have nothing. Should I ask for the company to be struck off? Or do I hope we pick up this summer and I can pay the debt? I have not bought or sold anything since October. I cannot afford a liquidator - the company is just too small and that is the only debt outstanding. I need to speak with you to clarify some personal details and would prefer to do that off forum but the action required is to stay execution of the writ and apply to a variation order..this will work for both you and your OH, saving both business and money.
5. How do we show that several businesses operate from the same premises? You notify them in writing to the extent of the premises and ask the landlord to confirm what is rented to you.

Other than myself there is a member called Ploddertom who is also well versed in HCEO matters so between us we can get you on the right track to sorting these problems...I will send you a PM later tonight to get the info needed, meanwhile go and put the kettle on and have a cuppa to calm yourself...a choccy biscuit with that would work wonders for me

Pepsie


He said he would take everything regardless unless we had bills of sale he would say that they belonged to the company. I am afraid that my OH will lose his cattle due to my business failing. I am distraught. Please can anyone advise. I want to make a complaint cos the HCEO was so rude and refused to answer any questions or even to talk to me. What HCE company is this....some are better to work with than others??????

[SadDepressedLady]

Re: Hello!

Thank you so much. I feel so much better knowing that this has happened to other people. All I see the dark side atm. The writ is in the name of the limited company.
1. Surely the HCEO should not have dealt with my OH, but me. If you are the named debtor on the writ you are the person they should speak with.
The writ is the name of the limited company
2. How can he levy on a private vehicle? If the car is not registered to the business or you as the debtor it will be subject to a 3rd party claim,( I will return to this later) The car is owned by my OH who showed his V5 but the HCEO said he wanted a bill of sale as evidence he bought it.
3. The HCEO would not answer the questions as to whether he was going to return for the car, but pushed past my OH and drove off. How do we prove the car does not belong to the company? Did he leave you a form 55 notice of seizure? Yes he did - listing the car and the trailer which belongs to a different company
4. If I had the money, I would pay, but we have nothing. Should I ask for the company to be struck off? Or do I hope we pick up this summer and I can pay the debt? I have not bought or sold anything since October. I cannot afford a liquidator - the company is just too small and that is the only debt outstanding. I need to speak with you to clarify some personal details and would prefer to do that off forum but the action required is to stay execution of the writ and apply to a variation order..this will work for both you and your OH, saving both business and money.
5. How do we show that several businesses operate from the same premises? You notify them in writing to the extent of the premises and ask the landlord to confirm what is rented to you.
The farm is rented to us as individuals not as the companies that operate from here.

Other than myself there is a member called Ploddertom who is also well versed in HCEO matters so between us we can get you on the right track to sorting these problems...I will send you a PM later tonight to get the info needed, meanwhile go and put the kettle on and have a cuppa to calm yourself...a choccy biscuit with that would work wonders for me
I have had that cuppa and cookie and I now feel like fighting again. Thank you. x
Pepsie


He said he would take everything regardless unless we had bills of sale he would say that they belonged to the company. I am afraid that my OH will lose his cattle due to my business failing. I am distraught. Please can anyone advise. I want to make a complaint cos the HCEO was so rude and refused to answer any questions or even to talk to me. What HCE company is this....some are better to work with than others??????
It is The Sheriffs Office - the bunch that are on TV currently. Man is rude and just not interested in talking to me - he just does what he wants.

[labman]

Re: Hello!

SDL has also started a second thread here:

http://www.legalbeagles.info/forums/...898-winding-up

[SadDepressedLady]

Re: Hello!

I'm sorry I don't mean to be a nag, but I have so many issues and queries that I don't know where to start with it all. Nothing makes sense and I am trying to chunk it down so that I can deal with each issue one at a time. I am sorry. Just so upset.