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Bailiffs - company debt - attendance at Directors home listed as Registered Office

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  • Bailiffs - company debt - attendance at Directors home listed as Registered Office

    Been a business owner & company director for many years. I've also had to deal with bailifs at work and for personal debt. So know the basics.

    Over a year ago, my company suffered from massive fraud by a 3rd party which effectively shut the business down overnight - all staff let go, vacated offices etc. immediately.
    I'm in the process of trying to re-start (including raising investment) but there has been a knock on effect from what happened

    Council issued notices for unpaid business rates which went to court, and then an enforcement notice has been issued.
    I believe the debt is incorrect, but the council aren't very quick to respond.
    Enforcement agents (Jacobs) have attended the premises, but we have no office space there (it was a serviced office)

    A different representative from Jacobs has attended my rented home, as this is the Registered Office of the company.
    I have informed him & Jacobs in writing that:

    - the business has no assets (have explained the events - with evidence of High Court Judgement showing what happened)
    - i am not personally liable for the debts of the business
    - this is my personal address (clearly visible) where i live with 2x children under 10
    - confirmed there are no business assets at the property

    The agent and Jacobs are stating that as the Registered Office they are able to seize assets unless I show title to them.
    Aside from the fact of not letting them in, this ignores the separation of personal vs company debt.
    No company would be purchasing home furniture and who has evidence to show ownership of the dining room table & chairs, sofas, beds etc.?

    I appreciate people don't think highly of Jacobs on here. But i still want to just avoid the stress of whether they turn up - especially if my children were here, or worse, if i'm not and they attempt something stupid. I do have video cameras around the interior / exterior of the house (which i have made them aware of) but that doesn't help me if they actually did attempt something.

    Thanks for any advice.
    Last edited by TribalThundr; 31st January 2024, 08:39:AM. Reason: Added Tags
    Tags: None

  • #2
    Why didn't/don't you put the company in liquidation?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Is it true that county court balifs can not enforce civil debt under consumer law of 74

      Comment


      • #4
        County Court bailiffs can enforce county court judgements and orders.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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