Limited Company Debt

[help-needed-pls]

Hi all,

I am listed as 1 of 2 company directors for a Limited Company.
The Limited Company has not traded for several months but is still registered.

The company got into financial difficulties but only 1 creditor, a mobile phone company. We were only with them 2 months before ceasing to trade. They cut us off and charged us for a full 2 year contract at that stage and went to court.

The company is registered at an accountants office.

Today we had a visit from High Court Enforcement Officers for the debt at my home address. The home address was where I traded from previously in a small home office.
The company has no cash and no assets.

The Enforcement officers handed a notice to us and asked if we were going to pay to which I just said No.
I said I would have to take advice and get back to them.
They asked if i owned the house I said No it is rented, they then asked for my landlords details which I refused to give! I asked why they wanted the landlords details and they said they could put an order against the house!

The letter explains that they have a writ of execution. The letter is addressed to...

Defendant: COMPANY NAME
Address of premises: MY HOME ADDRESS (not the registered address)

The letter states that enclosed is a notice of walking possession agreement, but there is no such thing there.

The debt as laid out in the letter is:

Judgment Debt: £3000
Judgement Cost: £0.00
Costs of execution: £110
Assessed Solicitor costs: £170
Interest to date: £66.29
HCEO fees: £1,470

I have 1 normal share in the business of £1. I understand this limits my liability of company debts to £1, is this correct?

Are they allowed to come to my home address to seek payment of this debt? If not could anyone advise what I could put in writing to them to stop them from coming to my home address?

I think I have read that as this is my home, they cannot force entry, is this also correct?

Looking for any advice at all please on this as am concerned they will revisit to take goods!

Many thanks in advance

[MissFM]

Re: Limited Company Debt

Hi all,

I am listed as 1 of 2 company directors for a Limited Company.
The Limited Company has not traded for several months but is still registered.

The company got into financial difficulties but only 1 creditor, a mobile phone company. We were only with them 2 months before ceasing to trade. They cut us off and charged us for a full 2 year contract at that stage and went to court.

The company is registered at an accountants office.

Today we had a visit from High Court Enforcement Officers for the debt at my home address. The home address was where I traded from previously in a small home office.
The company has no cash and no assets.

The Enforcement officers handed a notice to us and asked if we were going to pay to which I just said No.
I said I would have to take advice and get back to them.
They asked if i owned the house I said No it is rented, they then asked for my landlords details which I refused to give! I asked why they wanted the landlords details and they said they could put an order against the house!

The letter explains that they have a writ of execution. The letter is addressed to...

Defendant: COMPANY NAME
Address of premises: MY HOME ADDRESS (not the registered address)

The letter states that enclosed is a notice of walking possession agreement, but there is no such thing there.

The debt as laid out in the letter is:

Judgment Debt: £3000
Judgement Cost: £0.00
Costs of execution: £110
Assessed Solicitor costs: £170
Interest to date: £66.29
HCEO fees: £1,470

I have 1 normal share in the business of £1. I understand this limits my liability of company debts to £1, is this correct? Yes

Are they allowed to come to my home address to seek payment of this debt? If not could anyone advise what I could put in writing to them to stop them from coming to my home address? Maybe a stat. dec. to the above effect, sent to them and their solicitor?

I think I have read that as this is my home, they cannot force entry, is this also correct?

Looking for any advice at all please on this as am concerned they will revisit to take goods!

Many thanks in advance

Hi HNP and welcome to LB

You are not personally liable for the Ltd Co's debts and creditors have no right to harass you for them or to enter your home.

If you have company assets in your possession then yes, a creditor would be entitled to these if the debt weren't paid.

[wales01man]

Re: Limited Company Debt

the ltd company owes the money not you that's why people have ltd cos unless you have signed as a guarantor or a service or loan you have no liability .
think im right someone prove me wrong?

[help-needed-pls]

Re: Limited Company Debt

Thank you both for your replies. The company has no assets so there is nothing to give.
We have not personally signed as a guarantor for anything.

Can anyone suggest what steps I should now take please?

Can they class my house as commercial property if it was a trading address (Basically just where my post came etc instead of going to the accountants)

Many thanks

[MissFM]

Re: Limited Company Debt

the ltd company owes the money not you that's why people have ltd cos unless you have signed as a guarantor or a service or loan you have no liability .
think im right someone prove me wrong?

I think you're right too Wales

[help-needed-pls]

Re: Limited Company Debt

As well as any advice on what I should do next I'm also curious about the HCEO fee of £1,470. Is this the bailiff fee?!!

[MissFM]

Re: Limited Company Debt

Thank you both for your replies. The company has no assets so there is nothing to give.
We have not personally signed as a guarantor for anything.

Can anyone suggest what steps I should now take please?



Can they class my house as commercial property if it was a trading address (Basically just where my post came etc instead of going to the accountants)

Many thanks

In your shoes I would send a stat dec as suggested above to the creditors with a covering letter explaining that you have no personal liability.

if they continue to harass you you may need to send a solicitor's letter.

No, they have no claim on your property unless it was a company asset.

HTH

[MissFM]

Re: Limited Company Debt

As well as any advice on what I should do next I'm also curious about the HCEO fee of £1,470. Is this the bailiff fee?!!

Probably.

I re-iterate that if there is any "company property" on your premises they are entitled to levy on it.

[bluebottle]

Re: Limited Company Debt

Where a limited company is involved, the registered office address is the effective address for the service of legal documents. The trading address is where it carries on business. The two are quite separate, in the legal sense, from each other.

If the HCEO reckons they can obtain a Charging Order on rented property, especially rented property that belongs to a third party, best of luck to them. They know or ought to know they cannot seize third property property, nor can they seek a charge or any other legal remedy against third party real estate. The HCEO's verbal statement illustrates their knowledge of distress law and the powers of a HCEO is wanting.

Which firm of High Court Enforcement Officers is involved, please?

[help-needed-pls]

Re: Limited Company Debt

Hi

Thanks for all of your help so far.
The enforcement officer was from Andrew Wilson & Co

The posts advise to do a stat. dec. to the enforcement officers and the solicitors. The letter they have given me does not mention any solicitors. Just the claimant (the phone company) and the Enforcement officers company details.

Do I just sent it to the enforcement officers? Is there a standard template I complete or just write a letter to say it is not the company address?

Thanks once again, all of your help is very much appreciated.

[MissFM]

Re: Limited Company Debt

Hi

Thanks for all of your help so far.
The enforcement officer was from Andrew Wilson & Co

The posts advise to do a stat. dec. to the enforcement officers and the solicitors. The letter they have given me does not mention any solicitors. Just the claimant (the phone company) and the Enforcement officers company details.

Do I just sent it to the enforcement officers? Is there a standard template I complete or just write a letter to say it is not the company address?

Thanks once again, all of your help is very much appreciated.

Yes that should be fine - just say that you are not the debtor the co. is, that it is not the company address, that no company assets are held there etc.. By solicitors letter I meant that if they persist you might feel the need to use a solicitor.

This is just my opinion - it may be that other Beagles have different/better advice

[bluebottle]

Re: Limited Company Debt

Hi

Thanks for all of your help so far.
The enforcement officer was from Andrew Wilson & Co

The posts advise to do a stat. dec. to the enforcement officers and the solicitors. The letter they have given me does not mention any solicitors. Just the claimant (the phone company) and the Enforcement officers company details.

Do I just sent it to the enforcement officers? Is there a standard template I complete or just write a letter to say it is not the company address?

Thanks once again, all of your help is very much appreciated.

The SD needs to be served on the following -

a. The Creditor;
b. The HCEO;
c. Any legal professional retained by the creditor.

As to what goes in the SD, one will need to state that your liability for the company's debt is limited to £1.00. This should pee-off the HCEO no end, but watching him jumping up and down in temper should be quite entertaining, especially as there is very little he can do. You will also need to swear an SD to confirm all goods and chattels within your home address are your own personal property. Serving him with that is likely to have him jumping up and down on his clipboard.

I have noticed that the HCEO handed a Walking Possession Agreement to you. How can he do that without first gaining a lawful levy and listing items on it? Preparing one in advance is an absolute no-no.

Please take notice of what MissFM is saying about any company property you still have in your possession, as the HCEO is entitled to seize this. He cannot seize anything that is your own personal property or third party property.

[MissFM]

Re: Limited Company Debt

Just a further thought - I am not a Bailiff expert like some on here, but having perused the Bailiff threads, I have seen evidence of lack of knowledge/respect for the law that chilled to the bone.

Hence I would suggest that you retain an SD, outlining the facts as stated above, with some nice official stamps on it, to hand to the HCEO bailiff should they persist in visiting your home.:santawalk:

[CleverClogs]

Re: Limited Company Debt

The enforcement officer was from Andrew Wilson & Co

I am sure that one could be forgiven for believing that Mr Wilson keeps company with some rather odd people. :santa_wink:

[MissFM]

Re: Limited Company Debt

Nice Avatar, CC