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I have posted this in another forum but am wondering if anyone here has any different advice! I hope you won't all slate me for posting in two forums! It is two separate forums, not posting the same thing in numerous places on one forum which i know annoys people!! Anyway, here goes....
My original post about three weeks ago is as follows:
This is all totally new to me so some advice would be greatly appreciated. My husband is director of a business that has not traded since January 2010. We are waiting for it to be struck off by companies house so at the moment it is still showing as existing. We cannot afford to liquidate or appoint administrators so are somewhat in limbo.
The company is LTD and the registered office is away from our home address. A CCJ has been issued to one of the creditors and as it has not been paid they have taken it to the next stage which i think is an attempt to enforce the judgement. We had a visit from an enforcement officer at 8am this morning to our home address. We did not open the door or sign any paperwork. My husband did unfortunately admit verbally to being the owner of the company and gave his mobile number to the enforcement officer.
The guy eventually left after giving some verbal threats that this must be sorted out etc etc and posted the letter below through our letterbox. The debt they are now claiming is around £1300 and the value of the items he has listed (from looking over the garden fence) is next to nothing. The trailer is old and only has one wheel, the swing is a play item belonging to our 4 year old son, the wheel barrows are ancient and both have flat tyres, the bbq may have a small value but nothing great and the 'summer house' we think is the log cabin at the end of our garden. This does have a value but is several years old and would take considerable effort to move. The cabin is currently used by my brother in law and nothing that is inside belongs to us.
From what i can make out from other posts these guys cannot gain entry to our house but they can break into outbuildings/sheds etc. We do have a shed and the cabin. There is nothing of value in the shed and as i say anything in the cabin is not ours although i don't suppose this would make any difference to an enforcement officer trying to get in.
I need to contact Andrew Wilson and Co today and ask why they have sent someone to a residential address regarding a business debt but i would prefer to do this by email if possible so at least i have a record of any contact made. I just need confirmation that i am correct that they can't take anything from a personal address and also some advice on what to put.
All help and advice will be gratefully received!
Andrew Wilson & Co Writ Number: ####
HIGH COURT FORM NO 55
notice of seizure
In The High Court Of Justice
Queens Bench Division
SALFORD DISTRICT REGISTRY
High Court Claim Number: #####
county court claim Number:#####
Sent from the ####### county court
Defendant: ########### LTD
Address of Premises: ##########
This Notice has been left at this address by ##########
an enforcement officer from Andrew Wilson & Co The Sherilfs Office High
Court Enforcement Officers of 26 Missouri Avenue Salford Manchester M50
2NP who are authorised to enforce writs of execution from the High Court.
TAKE NOTICE THAT:
1. A formal seizure of the goods at this address has been made under a Writ of Execution directed to an Enforcement Officer by the High Court. The
Enforcement Officer accordingly has conduct of the execution.
2. The goods seized are now in the custody of the Enforcement Officer, as an
Officer of the Court, and must not be removed, sold or otherwise disposed of.
This will remain the position until the sLIm due under the execution has been
paid in full. The only exceptions are goods of the type referred to in
Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003. (This
Section is set out below). Enclosed with this NOTICE is a WALKING
POSSESSION AGREEMENT in thn form prescribed by law You must read
this agreement and sign it to acknowledge the seizure and hand it to the
Enforcement Officer attending your premises or return it to this Office. Failure
to sign the Walking Possession Agreement may result in the removal of the
goods seized without further notice pending disposal by public auction.
3. The judgment debt and costs of execution due under the Writ are:-
Judgment Debt: £***
Judgment Costs: £****
Costs of Execution: £****
Assessed Solicitor Costs
*interest to date: £*****
HCEO fees: £****
Total outstanding: £****
*Interest is payable from the appropriate date (which varies according to the
size of the judgment debt and where it originated). Officer's fees and interest
will continue to accrue daily until the judgment debt is paid in full.
4. Payment must be made to this office in CASH or by BANK DRAFT. Payment
by cheque may be accepted if the Enforcement Officer agrees but may be
subject to such charges (if any) as are made by his bankers for special
clearance.
Please note that it is essential that Writ number ###### is written on the
back of all cheques or bank drafts and quoted in any bank transfers so
that these payments can be identified. All cheques and drafts must be
made payable to Andrew Wilson & Co and sent to the contact address
below.
5. If payment is not made and the execution proceeds, the Enforcement Officers
or their agents will attend and remove the goods seized for sale by public
auction or as the Court may direct.
6. If any of the goods seized are not your property, you must tell the owner
about the seizure and he must write to the High Court Enforcement Officers
claiming the goods at the contact address below.
7. If any of the goods seized are the subject of a hire purchase or any similar
agreement, you must send full details in writing to the High Court
Enforcement Officers at the contact address below.
8. If any of the goods seized are not liable to seizure by virtue of Paragraph 9 of
schedule 7 of Section 99 of the Courts Act 2003 (set out below) this Office
must be sent full details in writing within 5 days of the seizure or within such
greater period as the Court may, on your application, allow.
9. You must inform this office if another Bailiff seizes, levies on or distrains the
goods to pay another debt and you must inform that Bailiff of this seizure.
10. You must also inform this Office of any Petition in Bankruptcy or application to liquidate a limited company that may be, have been or is subsequently served on you.
11. The goods seized are all those referred to at 2 above but in case there is any doubt, the following items have been levied on today and ARE INCLUDED IN THE SEIZURE:
1 x trailer
1 x garden swing
2 x wheel barrow
1 x bbq
1 x summer house
Dated: _____________________
Signed: _____
Contact details:
Andrew Wilson & Co
The Sheriffs Office
26 Missouri Avenue
Salford
Manchester
M50 2NP
Tel: 01619251800
Fax: 01619251801
Website:
Paragraph 9 of Schedule 7 of Section 99 of the Courts Act 2003 provides as follows:
9 (1) This paragraph applies where an enforcement officer or other person who is under a
duty to execute the writ is executing it.
(2) The officer may, by virtue of the writ, seize-
. (a) Any goods of the eX6cutrc\n debtor that are not exempt goods, and
(b) Any money, bank notes, bills of exchange, promissory notes, bonds,
specialties or securities for money belonging to the execution debtor.
(3) "Exempt goods" means-
(a) such tools, books, vehicles and other items of equipment as are necessary
to the execution debtor for use personally by him in his employment,
business or vocation;
(b) such clothing, bedding, furniture, household equipment and provisions as
are necessary for satisfying the basic domestic needs of the execution
debtor and his family.
Today i have added another post in the other forum which reads as follows:
Ok i should have done something about this but i didn't. Have been waiting for the bailiff to turn up again and this morning he did. I am pregnant and my baby is due in 4 weeks so sorting this out has not been on the top of my priority list.
Today he turned up and parked his vehicle so as to block my brother in law's car. It currently only has 3 wheels on it so wasn't going anywhere!!
Anyway, the letter he left was in an envelope that has 'removal now booked' written on the front. Inside is a one page letter stating 'formal notice' at the top. Still no mention of my husband's name just his old company.
Letter states that he has the power to seize goods up to the value of the judgement + fees. It says he has attended today with a vehicle with the intention of removing goods and chattels. 'I will attend again at this address at any time and remove goods even in your absence'
He did complete a walking possession order when last here but it was shoved through the letter box and has not been signed by anyone at our address. The items he levied on are pretty much impossible to move (log cabin - he called it a summer house), kids swing/slide set (concreted in ground), or have next to zero value trailer with only one wheel, a bbq and two ancient wheelbarrows. I'm not sure that the possession order is valid as it wasn't signed by anyone apart from the bailiff. On top of this the items levied are personal and the notice related to a business debt.
I have since discovered that the non-payment of goods the CCJ was issued for were never formally received by my husbands business. They were signed for by an ex-employee who was walking from the car park. Could have been anyone. We also have written confirmation (email) from the company concerned that they would not despatch anything without up front payment. This was never made so surely goods should not have been sent. I'm not sure that this has any relevance now but i do know we are not in a position to clear the debt and only know about the CCJ from the visit to our home by the HCEO.
What i need to know is: Can the guy come back and just take goods? What he does attempt to take (if he can!) won't cover the cost of the debt so can he levy more items?
The final paragraph states 'if you fail to make payment and there are not enough goods to sell to cover your debt, a return will be made to this writ which will enable the claimant to take insolvency proceedings and other proceedings against you and your property' Is this an idle threat or a reality? My husband is not bothered about someone making him bankrupt and the same goes for his company which is in the process of being struck off by companies house. We can't afford to to either ourselves so it would actually be a blessing. A worry would however be our home which we have just saved from repossession although there is still an outright possession order on it so if were to default on our mortgage again we would lose that too.
One last question... i know full well this man will turn up again but does anyone have any idea how long it will be? It is about 3 weeks from his last visit. I expect next time it will be more quickly!
So many questions again!! All advice will be gratefully received and i will of course provide clarification if anything i have written is not clear!
There were responses to my original post and the advice was pretty good but as i have done nothing i am no further forward! There seem to be more 'experts' on bailiff issues on this forum so i am hoping for some help asap!!
My original post about three weeks ago is as follows:
This is all totally new to me so some advice would be greatly appreciated. My husband is director of a business that has not traded since January 2010. We are waiting for it to be struck off by companies house so at the moment it is still showing as existing. We cannot afford to liquidate or appoint administrators so are somewhat in limbo.
The company is LTD and the registered office is away from our home address. A CCJ has been issued to one of the creditors and as it has not been paid they have taken it to the next stage which i think is an attempt to enforce the judgement. We had a visit from an enforcement officer at 8am this morning to our home address. We did not open the door or sign any paperwork. My husband did unfortunately admit verbally to being the owner of the company and gave his mobile number to the enforcement officer.
The guy eventually left after giving some verbal threats that this must be sorted out etc etc and posted the letter below through our letterbox. The debt they are now claiming is around £1300 and the value of the items he has listed (from looking over the garden fence) is next to nothing. The trailer is old and only has one wheel, the swing is a play item belonging to our 4 year old son, the wheel barrows are ancient and both have flat tyres, the bbq may have a small value but nothing great and the 'summer house' we think is the log cabin at the end of our garden. This does have a value but is several years old and would take considerable effort to move. The cabin is currently used by my brother in law and nothing that is inside belongs to us.
From what i can make out from other posts these guys cannot gain entry to our house but they can break into outbuildings/sheds etc. We do have a shed and the cabin. There is nothing of value in the shed and as i say anything in the cabin is not ours although i don't suppose this would make any difference to an enforcement officer trying to get in.
I need to contact Andrew Wilson and Co today and ask why they have sent someone to a residential address regarding a business debt but i would prefer to do this by email if possible so at least i have a record of any contact made. I just need confirmation that i am correct that they can't take anything from a personal address and also some advice on what to put.
All help and advice will be gratefully received!
Andrew Wilson & Co Writ Number: ####
HIGH COURT FORM NO 55
notice of seizure
In The High Court Of Justice
Queens Bench Division
SALFORD DISTRICT REGISTRY
High Court Claim Number: #####
county court claim Number:#####
Sent from the ####### county court
Defendant: ########### LTD
Address of Premises: ##########
This Notice has been left at this address by ##########
an enforcement officer from Andrew Wilson & Co The Sherilfs Office High
Court Enforcement Officers of 26 Missouri Avenue Salford Manchester M50
2NP who are authorised to enforce writs of execution from the High Court.
TAKE NOTICE THAT:
1. A formal seizure of the goods at this address has been made under a Writ of Execution directed to an Enforcement Officer by the High Court. The
Enforcement Officer accordingly has conduct of the execution.
2. The goods seized are now in the custody of the Enforcement Officer, as an
Officer of the Court, and must not be removed, sold or otherwise disposed of.
This will remain the position until the sLIm due under the execution has been
paid in full. The only exceptions are goods of the type referred to in
Paragraph 9 of schedule 7 of Section 99 of the Courts Act 2003. (This
Section is set out below). Enclosed with this NOTICE is a WALKING
POSSESSION AGREEMENT in thn form prescribed by law You must read
this agreement and sign it to acknowledge the seizure and hand it to the
Enforcement Officer attending your premises or return it to this Office. Failure
to sign the Walking Possession Agreement may result in the removal of the
goods seized without further notice pending disposal by public auction.
3. The judgment debt and costs of execution due under the Writ are:-
Judgment Debt: £***
Judgment Costs: £****
Costs of Execution: £****
Assessed Solicitor Costs
*interest to date: £*****
HCEO fees: £****
Total outstanding: £****
*Interest is payable from the appropriate date (which varies according to the
size of the judgment debt and where it originated). Officer's fees and interest
will continue to accrue daily until the judgment debt is paid in full.
4. Payment must be made to this office in CASH or by BANK DRAFT. Payment
by cheque may be accepted if the Enforcement Officer agrees but may be
subject to such charges (if any) as are made by his bankers for special
clearance.
Please note that it is essential that Writ number ###### is written on the
back of all cheques or bank drafts and quoted in any bank transfers so
that these payments can be identified. All cheques and drafts must be
made payable to Andrew Wilson & Co and sent to the contact address
below.
5. If payment is not made and the execution proceeds, the Enforcement Officers
or their agents will attend and remove the goods seized for sale by public
auction or as the Court may direct.
6. If any of the goods seized are not your property, you must tell the owner
about the seizure and he must write to the High Court Enforcement Officers
claiming the goods at the contact address below.
7. If any of the goods seized are the subject of a hire purchase or any similar
agreement, you must send full details in writing to the High Court
Enforcement Officers at the contact address below.
8. If any of the goods seized are not liable to seizure by virtue of Paragraph 9 of
schedule 7 of Section 99 of the Courts Act 2003 (set out below) this Office
must be sent full details in writing within 5 days of the seizure or within such
greater period as the Court may, on your application, allow.
9. You must inform this office if another Bailiff seizes, levies on or distrains the
goods to pay another debt and you must inform that Bailiff of this seizure.
10. You must also inform this Office of any Petition in Bankruptcy or application to liquidate a limited company that may be, have been or is subsequently served on you.
11. The goods seized are all those referred to at 2 above but in case there is any doubt, the following items have been levied on today and ARE INCLUDED IN THE SEIZURE:
1 x trailer
1 x garden swing
2 x wheel barrow
1 x bbq
1 x summer house
Dated: _____________________
Signed: _____
Contact details:
Andrew Wilson & Co
The Sheriffs Office
26 Missouri Avenue
Salford
Manchester
M50 2NP
Tel: 01619251800
Fax: 01619251801
Website:
Paragraph 9 of Schedule 7 of Section 99 of the Courts Act 2003 provides as follows:
9 (1) This paragraph applies where an enforcement officer or other person who is under a
duty to execute the writ is executing it.
(2) The officer may, by virtue of the writ, seize-
. (a) Any goods of the eX6cutrc\n debtor that are not exempt goods, and
(b) Any money, bank notes, bills of exchange, promissory notes, bonds,
specialties or securities for money belonging to the execution debtor.
(3) "Exempt goods" means-
(a) such tools, books, vehicles and other items of equipment as are necessary
to the execution debtor for use personally by him in his employment,
business or vocation;
(b) such clothing, bedding, furniture, household equipment and provisions as
are necessary for satisfying the basic domestic needs of the execution
debtor and his family.
Today i have added another post in the other forum which reads as follows:
Ok i should have done something about this but i didn't. Have been waiting for the bailiff to turn up again and this morning he did. I am pregnant and my baby is due in 4 weeks so sorting this out has not been on the top of my priority list.
Today he turned up and parked his vehicle so as to block my brother in law's car. It currently only has 3 wheels on it so wasn't going anywhere!!
Anyway, the letter he left was in an envelope that has 'removal now booked' written on the front. Inside is a one page letter stating 'formal notice' at the top. Still no mention of my husband's name just his old company.
Letter states that he has the power to seize goods up to the value of the judgement + fees. It says he has attended today with a vehicle with the intention of removing goods and chattels. 'I will attend again at this address at any time and remove goods even in your absence'
He did complete a walking possession order when last here but it was shoved through the letter box and has not been signed by anyone at our address. The items he levied on are pretty much impossible to move (log cabin - he called it a summer house), kids swing/slide set (concreted in ground), or have next to zero value trailer with only one wheel, a bbq and two ancient wheelbarrows. I'm not sure that the possession order is valid as it wasn't signed by anyone apart from the bailiff. On top of this the items levied are personal and the notice related to a business debt.
I have since discovered that the non-payment of goods the CCJ was issued for were never formally received by my husbands business. They were signed for by an ex-employee who was walking from the car park. Could have been anyone. We also have written confirmation (email) from the company concerned that they would not despatch anything without up front payment. This was never made so surely goods should not have been sent. I'm not sure that this has any relevance now but i do know we are not in a position to clear the debt and only know about the CCJ from the visit to our home by the HCEO.
What i need to know is: Can the guy come back and just take goods? What he does attempt to take (if he can!) won't cover the cost of the debt so can he levy more items?
The final paragraph states 'if you fail to make payment and there are not enough goods to sell to cover your debt, a return will be made to this writ which will enable the claimant to take insolvency proceedings and other proceedings against you and your property' Is this an idle threat or a reality? My husband is not bothered about someone making him bankrupt and the same goes for his company which is in the process of being struck off by companies house. We can't afford to to either ourselves so it would actually be a blessing. A worry would however be our home which we have just saved from repossession although there is still an outright possession order on it so if were to default on our mortgage again we would lose that too.
One last question... i know full well this man will turn up again but does anyone have any idea how long it will be? It is about 3 weeks from his last visit. I expect next time it will be more quickly!
So many questions again!! All advice will be gratefully received and i will of course provide clarification if anything i have written is not clear!
There were responses to my original post and the advice was pretty good but as i have done nothing i am no further forward! There seem to be more 'experts' on bailiff issues on this forum so i am hoping for some help asap!!
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