Bailiff (HCEO) visit

[labman]

Re: Bailiff (HCEO) visit

I believe the law states the HCEO may enter the domestic premises if he has reason to believe there are assets belonging to the business there. It could be argued that the levy on the car was perfectly reasonable as it may be a business asset - the issue gets very complex where the registered keeper is listed as a person and a business, which it can be, so even a DVLA check may not have resolved any issues regarding to whom the car belonged. The other items are, in my opinion, purely domestic and the HCEO would have huge difficulty explaining their actions.

As always we return to the issue of what the police will actually do in reality were you to report this. I know Bluebottle is very aware that they usually try to avoid getting involved by claiming it's a civil matter. Sadly most of the police do not share, or indeed possess, his depth of knowledge.

He wrote a post about how to deal with this type of situation a little while ago, I don't know if he is able to find a link for it. It may well be useful in this case.

[teaboy2]

Re: Bailiff (HCEO) visit

One key point that no one has asked yet is this - Did the OP sign the original agreement with the creditor as a gaurantor? If so then the bailiff is perfectly entitled to levy personal goods as the debt would pass from the company to the OP if he signed as a gaurantor. And most creditors do no require a gaurantor before issuing credit or allowing you to open a credit/trade account with them.

Also another kye question is, what type of debt is this - A loan, credit card, credit/trade account?

[Ozzler]

Re: Bailiff (HCEO) visit

The debt is against a credit/trade account, no personal guarantee was ever signed nor requested. We were trading with the company for at least twelve years, always paying on time.

As said previously our companies circumstances changed dramatically, we lost our biggest customer by way of an email cancelling our services with immediate effect... November last year.

I had to make redundant, one month before Christmas, nine staff members that had been loyal to our business and customers, their lengths of employment ranged from 6 years to 14 years.

I wont walk away from the debt owing to the creditor I simply need more time to pay. The actions of the HCEO yesterday has hit my family harder today. The advice I received from all has been an immense help to me and has given me the knowledge of how to deal with this situation today.

I have been fortunate enough to have never been in this predicament before so have had no experience in how best to deal with it. I hope its the first and last time.

I feel for others that have also been "bullied" by these "people"...

[teaboy2]

Re: Bailiff (HCEO) visit

Have you still got a copy of the terms and conditions or original contract from when you set up the trade account with the supplier?

If so, having a look at that may prove helpful.

And if your certain you did not sign as a gaurantor, then they have absolutely no business siezing/leving personal goods, though they are entitled to visit your private premises incase you have buisness assets on the property but its for them to proof they are buisness assets. But you will need to see a solicitor to get a declaration (Can't remember the proper name for it) stating that all goods levied were personal items belonging to yourself and not business assets belonging to the company.

By the way, did the supplier actually take you to court over the debt?

[Ozzler]

Re: Bailiff (HCEO) visit

Unfortunately we do not have a copy of the terms and conditions.

I am 100% certain that no personal guarantee was ever signed or indeed requested. However, when we first traded with the supplier we lodged cash deposits with them.

When we explained to the supplier of our change in situation they became very difficult to reason with and the legal proceedings for recovery of monies started very quickly. They somehow also forgot about the cash deposits that had been lodged, so increasing the debt substantially.

This was argued and eventually they acknowledged the deposits.

[teaboy2]

Re: Bailiff (HCEO) visit

Did you ever get to see the terms and conditions during legal proceedings along with the original signed contract/agreement? As they should have been disclosed to you under CPR31.14 rule along with copy of the original signed contract/agreement prior to the case being heard in court.

If not then you need to ask them for copies of both and if by chance they are not able to provide them, then we can look at getting the court order set aside. Those this may not stop the bailiffs, it would result in any losses you incurred being compensated for once its all over and done with.

Plus how long ago where the legal proceedings and did you even defend against them? Where you actually served particulars of claim, or did you not become aware of court action untill you recieved the court order?

Either way your first priority is to get the bailiff of your back, so go see your solicitor to get a declaration that the goods levied are your personal assets and so are all items of property on your resendiential property and all business assets are on the buisness property only.

[labman]

Re: Bailiff (HCEO) visit

In the Bailiff Stickies Post No2 is a Statutory Declaration

Useful Links

[CleverClogs]

Re: Bailiff (HCEO) visit

As always we return to the issue of what the police will actually do in reality were you to report this. I know Bluebottle is very aware that they usually try to avoid getting involved by claiming it's a civil matter. Sadly most of the police do not share, or indeed possess, his depth of knowledge.

On the other hand, some may have considerable knowledge on whence to buy/cadge the tastiest doughnuts.

[bluebottle]

Re: Bailiff (HCEO) visit

On the other hand, some may have considerable knowledge on whence to buy/cadge the tastiest doughnuts.

Try ABC Bakery, Crownhill Road, West Park, Plymouth. They also do Breakfast Baps - big enough to take a fried egg and two rashers of bacon (They call them Dustbin Lids.).

[pepsie]

Re: Bailiff (HCEO) visit

I notice you say you reached agreement with Marston and the creditor....did this go to court and was there a CCJ awarded. If yes were you aware of the Court action and did you receive and return acknowledgement to service of the docs for the claim?

WD

[Malookoo]

Re: Bailiff (HCEO) visit

I can not see any justification for any of theactions of the HCEO or there rep.

This is a Limited Company as such it is an entity on its own, everybody body is employed by 'the company' even the directors.

If the HCEO right in climbing onto the property assuming assets of 'the company' may be at an employees home that if they are enforcing against a company with say 5 directors and 50 employees they would be in the right to climb into 55 gardens and levy on 55 cars, lawnmowers, etc.

As for being a guarantor even if that were the case surely he would have to be name sperately on the writ/warrant.

Personally i'm with Bluebottle and the Police should be involved.

As with Martin Luther King 'I have a dream' nothing to do with the promised land just that the Police will actually take action against some of these people for their criminal activities

[CleverClogs]

Re: Bailiff (HCEO) visit

As with Martin Luther King 'I have a dream' nothing to do with the promised land just that the Police will actually take action against some of these people for their criminal activities

Did you have cheese for supper?

[bluebottle]

Re: Bailiff (HCEO) visit

All I can do is repeat what I have said in earlier posts and that is the High Court Haemorrhoid should be arrested and the CEO of Marstons should be warned that he/she and the company of Marstons could get clobbered too.

[ploddertom]

Re: Bailiff (HCEO) visit

Sorry I can't agree. No doubt what he has done is morally wrong but he has committed no offence.

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

i honestly thought that if a baillif entered a residential propery for a business dept, and if he climbed over a gate to do it, it was breaking and entering, i was under the belief that he had to gain a peaceful entry in to any property.

Can the OP make a claim for the emotional distress this caused his wife and children, as from what i heard they were cowering upstairs