bailiffs visit to new limited company regarding buisness rates owed

[sarahlady01]

I gad a pub, that was a limited company. Started to struggle and left the premises owing 1200 to yhe council. I also have a different limited company a different pub which I running now. However I have just had a bailiffs letter through the door of my current pub wanting money for the debt on the previous business.

Not sure what to do..

The company that owes the money is not closed down yet but has not been trading for last two month. I no longer have access to yhe business premises etc and that is the registered office address which I no longer have access to.

Can they take from the other pub? And can they take from me?

[CleverClogs]

Re: bailiffs visit to new limited company regarding buisness rates owed

Can they take from the other pub? And can they take from me?

To answer those in turn:

1. No
2. No.

The limited company that owes the money is a separate legal entity from your new company and it certainly is not you.

Which band of brigands is involved?

[enquirer]

Re: bailiffs visit to new limited company regarding buisness rates owed

It is assumed that none of the assets from the bust business were tranferred to the new. If they were, you might be in trouble.

[sarahlady01]

Re: bailiffs visit to new limited company regarding buisness rates owed

It is assumed that none of the assets from the bust business were tranferred to the new. If they were, you might be in trouble.

No one of the assests were transfered. A bailiff called I. Cottam is involved.

I need to ring them back today but I am unsure of what to say.

Thanks for all your help

[wales01man]

Re: bailiffs visit to new limited company regarding buisness rates owed

tell them the debt is with the LTD co that byou have nothing now to do with and that everthing in the pub you have now does NOT belong to that company inform police if they threatnen to come to steal from you

[bluebottle]

Re: bailiffs visit to new limited company regarding buisness rates owed

No one of the assests were transfered. A bailiff called I. Cottam is involved.

I need to ring them back today but I am unsure of what to say.

Thanks for all your help

Just run a check on Mr I Cottam. He is certificated at Birkenhead County Court and his certificate expires 01/04/14. He is employed by Jacobs.

Have you held the mandatory meeting as required under Company Law to formally dissolve the other company? This needs to be organised and is a legal requirement. The local authority to whom NNDR is owed will be a Preferential Creditor along with HMRC and DWP.

Is the Liability Order in the company's name or in your name?

[CleverClogs]

Re: bailiffs visit to new limited company regarding buisness rates owed

A bailiff called I. Cottam is involved.

You may have a problem, as he works for the clamp-happy firm of Jacobs.

I need to ring them back today but I am unsure of what to say.

No - you need to get in touch with the council today, to tell them that a bailiff employed by their chosen enforcement firm seems to have the idea that he can seize property that has never belonged to the company owing the debt and that, if he goes ahead, he will land the council in the mire.

Tell the council how much - if anything - that company still has in assets and suggest that they are likely to lose less money by ceasing enforcement action forthwith, by sending Jacobs and/or Mr Cottam an instruction under Article 70b (link) of the celebrated Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996.

[bluebottle]

Re: bailiffs visit to new limited company regarding buisness rates owed

If I may add to Clever Clog's advice, check with the Registrar of Companies at Companies House as to the time-limit for holding the mandatory meeting to dissolve the company that has ceased trading. Also, you need to inform Companies House where to send correspondence from them to you in connection with the company that has ceased trading. This may save you a lot of hassle later on.

[ploddertom]

Re: bailiffs visit to new limited company regarding buisness rates owed

I need to ring them back today but I am unsure of what to say.

The second word is "off".

[sarahlady01]

Re: bailiffs visit to new limited company regarding buisness rates owed

Just called the bailiffs and the account is in my name!! So I called the council and had strong words with them. They dont know where they got the information from to put it in my name and have no record of the form I filled out with the company info. However they said they would change this in to the company name as long as I email and tell them which I have done. Still waiting on the bailiff getting back to me. As I only spoke to his office.

[bluebottle]

Re: bailiffs visit to new limited company regarding buisness rates owed

The second word is "off".

As for the first word, answers on a postcard, please to.....

[bluebottle]

Re: bailiffs visit to new limited company regarding buisness rates owed

Just called the bailiffs and the account is in my name!! So I called the council and had strong words with them. They dont know where they got the information from to put it in my name and have no record of the form I filled out with the company info. However they said they would change this in to the company name as long as I email and tell them which I have done. Still waiting on the bailiff getting back to me. As I only spoke to his office.

Oooooh. It sounds like Jacobs having been telling porkies. What they have done may be serious. At least the council didn't try to do a "We schoolgirls stick together" number. If Jacobs have altered a Liability Order without the knowledge and authority of the court that issued it, that is very serious indeed.