Bailiff (HCEO) visit

[Ozzler]

Hi, I would appreciate any advice on a bailiff visit that I had today.

I own a limited company and have a debt that I have been paying off after reaching an agreement with Marston and the creditor, due to the loss of a major customer my companies financial circumstances have changed dramatically and I have not met the last two payments as agreed. I have paid 3/4 of the debt and fully intend to pay the remainder.

My issue is that the bailiff (HCEO) arrived at my home address, which is not the operating address or registered office for the business, he entered the property by climbing over a set of gates that were closed, knocking on the front door. My wife was at home with our children and did not open the door, or call the police...

The bailiff walked around the driveway and entered the rear garden before leaving by climbing over the gates again, at the front door he left a notice of seizure, listing my wifes car a garden table and chairs, BBQ and a petrol lawnmower.

I contacted the bailiff after getting his contact number from Marston. I asked why he visited my residential home and not the business address he stated that this was the address he had, I have never given this out to Marston. All correspondence has been directed to the business address. In addition I asked why he issued a notice of seizure on goods that have absolutely nothing to do with the company and have been privately bought, he said that I would have to prove this.

Is this the correct action of the bailiff? the debt is against the company, our home, contents and car are privately owned and purchased and nothing to do with the business.

I am extremely concerned as my wife is at home alone every day with our children. The bailiff refused point blank to accept my offer of payment to resolve the debt and suggested that I "come up with a better offer" or he will return and force entry to remove the items as listed.... He was not granted access today nor did my wife sign anything.

As said, any advice would be appreciated.

[wales01man]

Re: Bailiff (HCEO) visit

Is your company LTD?

[Ozzler]

Re: Bailiff (HCEO) visit

Yes it is.

[wales01man]

Re: Bailiff (HCEO) visit

I think you need to seek advice urgent cannot see the bailiff has any right to go to your home surely this must be trespaass or something i would be fuming if my family had been put through this intrusion

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

omg is she ok.. im pming bluebottle!!


no baillif can force entry, to a home and I think that climbing over gates is illegal.. brb

[ploddertom]

Re: Bailiff (HCEO) visit

I know you don't want to hear this but he has actually done nothing wrong. He is allowed to visit your residential address which he will have been given either from your creditor or public records, this is because there may be assets of the company stored at home. I would however agree that the goods he seems to have seized will have nothing to do with your company but you will have to furnish ownership details - if he hears nothing he can then assume he was correct and return to remove them - you have 5 days in which to do this. Best course of action is via a Statutory Declaration.

To move on and forestall him you need to apply for a Stay of Execution against the HCEO and could even go so far as to apply for a Variation Order - although many Judges treat commercial debts as forthwith Judgments. The grounds to apply for a Stay could be on the following grounds:
1 - you cannot afford the fees he is charging
2 - he is threatening to remove goods not owned by the Ltd Company
3 - pending determination for a Variation Order

Are your business premises open to the public?

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

can they go over gates? i thought you had to physically allow them in to the property?

seriously, I'm interested, i honestly thought they could not set foot in to your property at all unless you invite them.

[ploddertom]

Re: Bailiff (HCEO) visit

can they go over gates? i thought you had to physically allow them in to the property?

seriously, I'm interested, i honestly thought they could not set foot in to your property at all unless you invite them.

They may climb a gate, wall, fence etc providing they cause no damage to it. see Long v Clarke [1894] 1 QB 119

[Ozzler]

Re: Bailiff (HCEO) visit

I am fuming, my wife was hiding upstairs with our children frozen with fear. We had a burglary in broad daylight two years ago and she has never "really" gotten over it. Fuming with myself that she has gone through this today.

[labman]

Re: Bailiff (HCEO) visit

Have a read of this:

HCEO's Sticky

[Ozzler]

Re: Bailiff (HCEO) visit

Thank you ploddertom. The business premisses are open to the public.

[ploddertom]

Re: Bailiff (HCEO) visit

If your premises are open to the public I am surprised he attended your home as I imagine he would have found it easier to seize & even remove goods immediately to satisfy the Writ. Commercial premises are a far easier target for HCEO's than residential. I would urge you to apply for a Stay tomorrow as if granted will halt all enforcement action & charges.

[labman]

Re: Bailiff (HCEO) visit

The relevant forms can all be found in this sticky:

Useful Links

N244 for Stay of Execution, N245 for Variation of Judgment if you want that one.

[Ozzler]

Re: Bailiff (HCEO) visit

It would have been less stressful if he did attend the business premisses. I will apply first thing in the morning, thank you again.
------------------------------- merged -------------------------------
Thank you labman for this link.

[bluebottle]

Re: Bailiff (HCEO) visit

Having read of the actions of this supposed "Officer of the Court", my considered judgement is that the police should be informed immediately and he should be arrested without warrant.

My reasons are as follows -

The debt is attributable to the OP's Limited Company, not him, personally. Therefore, the HCEO can only seize that which belongs to the Limited Company, not the OP.

The HCEO has an illegal levy on the items listed in the OP's initial post as these are personal items, not that of the Limited Company. Any seizure or attempted seizure will also be illegal and he will be liable to arrest without warrant for Theft or Attempted Theft, whichever the case may be.

By climbing over the gates, this prat has committed the offence of Being On Enclosed Premises for An Illegal Purpose, that is, to steal. It is pointless him making threats as he knows or ought to know he cannot levy on any personal property where a debtor is a Limited Company.

If I were the OP, I would notify the police immediately and tell them to check bailiff law if they start their "It's a civil matter" nonsense. Threatening to escalate the matter to the IPCC usually swings them round to the right side of reason. I would also be inclined to get hold of the CEO of Marstons asap and inform him/her of the vicarious liability not only of Marstons but of him/her personally for the HCEO's actions and that the police have been informed of the HCEO's illegal actions.

It is pointless this HCEO scuttling off to a Court Master at the High Court if he gets caught trying to remove items he has illegally levied upon or gets arrested. The High Court and a Court Master cannot condone or be seen to be condone illegal behaviour including the commission of a criminal act by an HCEO executing a writ the High Court has issued.