Marstons hceo.

[hottie132]

Hi Can anyone Help?

On the 17th December I received A Walking Possession Agreement in the Court of Justice along with Notice of Seizure posted in the door of a property I currently rent with my Partner. On the Notice of Seizure they listed the vehicle which was on the drive, which does not belong to me or the Company.
The Notice is Between My Limited company that ceased trading in September this year although is still active and the registered office was the premises I worked from not
the residential address this has been served to, the claimant was owed £1155.92. with all costs now £1981.34.
Since receiving this I did telephone Marstons and explained the above, they told me to Put in writing that no contents in the property belonged to the Company and a Copy of V5c regarding the vehicle of which I sent to them recorded delivery.
Since this I have received letters wanting me to sign Walking Possession agreements which i have not done.
Today I have now received a letter stating that on the 16th January the Removal Contractors will be attending to seize and remove sufficient goods to satisfy the writ.
Can anyone advise the best thing for me to do, Ive been told they cannot do anything as this is not the Company registered address??? But this is still from the Courts??

Thanks lisa

[ploddertom]

Re: Marstons hceo.

Did you know previously about any action for a debt?

[hottie132]

Re: Marstons hceo.

No, Nothing as the business ceased trading in September and the premises traded from were vacated.
thanks

[labman]

Re: Marstons hceo.

So you were not aware of any court action or a writ being issued?

[ploddertom]

Re: Marstons hceo.

No, Nothing as the business ceased trading in September and the premises traded from were vacated.
thanks

Do I also assume you are under the impression all debts were up to date with nothing outstanding?

[ploddertom]

Re: Marstons hceo.

To my mind there a couple of things you could do.

1 - As you knew nothing of the debt you could possibly apply for Set Aside but if there are not the means to settle any debt then this would be pointless - that is if there ever was a debt in the first place. You could also apply for a Stay of Execution against the HCEO halting all enforcement action and charges if granted - again I don't think you need to do this.

2 - To a certain extent ignore what is happening. Once a Writ of FiFA is granted the Creditor may supply all addresses where the Debtor may be found. In the case of a Ltd Co this may well be the private addresses of the Directors of the Co. This is because the Director may have in possession goods that may satisfy the debt outstanding - company car for instance. If in your case there is nothing then a simple declaration to this effect should suffice. I also assume there is nothing in the premises that were vacated.

The documentation you have been served with may intimate a lot but in essence is all hot air. If as they say they are going to attend to remove goods - what goods have they levied on, nothing. Whatever happens do not allow them entry to your home, they have no right to do this although they do have a right of forced entry to business premises providing they are not attached to your home, they would also have a right of forced entry to any detached buildings you may have - garage, greenhouse etc. In reality it all a game of bluff & bluster. You have provided proof of what they required initially, they may only seize and remove the goods of the debtor so I would be inclined to tell them to do one.