Limited Company Debt

[MissFM]

Re: Limited Company Debt

Nice Avatar, CC

[bluebottle]

Re: Limited Company Debt

Reminds me of that tv advert for Jaffa cakes -

Full Moon... Half Moon... Total Eclipse :grin:

[ploddertom]

Re: Limited Company Debt

There is no need to do a Stat Dec. The Enforcement Officer will have been given your registered address & that of where you usually trade from. As technically your reg address is little more than an accomodation address then they know they are wasting their time there, that is why they have attended your home address. This is done on the premise there may be items belonging to the Ltd Co there.

As it is a residential property he has no automatic right of entry and should be denied access, I would also assume that anything outside does not belong to the Ltd Co either - cars for example - as he will seize them pending proof of ownership. If you do have any detached buildings - garage, workshop etc - then he is allowed to force entry to those if he believe they contain goods to satisfy the debt.

The Form 55 you have been handed and list of charges on it sounds more frightening than it actually is. Providing you deny him entry and refuse to deal with him there is little he can do. You have done right so far by informing him that there is nothing of the Ltd Co there and he will only make 3 or 4 visits before handing the Writ back to the Judgment Claimant as Aborted. have to confess Wilsons are not the sharpest tools in the box.

[bluebottle]

Re: Limited Company Debt

There is no need to do a Stat Dec. The Enforcement Officer will have been given your registered address & that of where you usually trade from. As technically your reg address is little more than an accomodation address then they know they are wasting their time there, that is why they have attended your home address. This is done on the premise there may be items belonging to the Ltd Co there.

As it is a residential property he has no automatic right of entry and should be denied access, I would also assume that anything outside does not belong to the Ltd Co either - cars for example - as he will seize them pending proof of ownership. If you do have any detached buildings - garage, workshop etc - then he is allowed to force entry to those if he believe they contain goods to satisfy the debt.

The Form 55 you have been handed and list of charges on it sounds more frightening than it actually is. Providing you deny him entry and refuse to deal with him there is little he can do. You have done right so far by informing him that there is nothing of the Ltd Co there and he will only make 3 or 4 visits before handing the Writ back to the Judgment Claimant as Aborted. have to confess Wilsons are not the sharpest tools in the box.

I gathered that from the statement the HCEO made about obtaining a charge on real estate rented from a third party. Don't HCEOs have to have at least a basic grasp of distress law, or is being a numpty a pre-requisite? :grin:

[CleverClogs]

Re: Limited Company Debt

The company is registered at an accountants office.

Then that is where the HCEO should have gone.

Has the other director been harassed in a similar way?

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.

Irrelevant - it is not the registered address of the company. Was your domicile ever the registered address of the company?

The company has no cash and no assets.

What, not even a packet of paper-clips?

What did the company do, other than to run up bills? :grin:

The Enforcement officers handed a notice to us and asked if we were going to pay to which I just said No.

If the company has no assets, then it plainly cannot pay.

However, if the company had been trading whilst insolvent, the company directors could be made personally liable for some of the debts.
This does not seem to have happened here.

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!

Utter nonsense and stercus bovi!

The letter explains that they have a writ of execution.

Against the company, which is not you, your wife/partner/mistress/significant other or your granny.

The letter is addressed to...

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

Exactly.

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

caput eius est plenus stercoris!

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.

Make sure that you give Mr Numpty a shiny, new £1 coin.

Are they allowed to come to my home address to seek payment of this debt?

Not unless your home was the registered office of the company - which it wasn't - or unless any assets of the company were in the vicinity of your home.

If not could anyone advise what I could put in writing to them to stop them from coming to my home address?

That's neither very sociable nor in the spirit of Christmas. Wouldn't you like to invite him in, for cakes and ale, knowing that the Statutory Declaration you'd previously sworn would protect your goods and chattels?

If he gets a bit tipsy, it might unfortunately be your civic duty to report his car registration to the plods. :grin:

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

He won't like it and he'll probably make all manner of threats, but there is nothing he can take - the debt was incurred by the company, not you.

[ploddertom]

Re: Limited Company Debt

I gathered that from the statement the HCEO made about obtaining a charge on real estate rented from a third party. Don't HCEOs have to have at least a basic grasp of distress law, or is being a numpty a pre-requisite? :grin:

Hence my last sentence.

[CleverClogs]

Re: Limited Company Debt

Nice Avatar, CC

I had considered using this instead:

[wales01man]

Re: Limited Company Debt

If the OP is liable for £! in unpaid up share capital if its paid to the HCEO can he take his fees out of it?
LOL

[CleverClogs]

Re: Limited Company Debt

If the OP is liable for £! in unpaid up share capital if it's paid to the HCEO can he take his fees out of it?

Pro rata?

[help-needed-pls]

Re: Limited Company Debt

Thanks again for everyone's help, you've all been extremely kind with your advice and I will certainly follow it.

Just to answer some questions...

Was your domicile ever the registered address of the company?

No, never.

What did the company do, other than to run up bills?

It was an IT company, mainly web design and programming. I used my own personal computer to do this with, the business never needed any assets.

And I do like the idea of inviting him in, getting him tipsy then calling the police! but, I don't think I'll take the risk of letting him anywhere near through the front door!

[CleverClogs]

Re: Limited Company Debt

It was an IT company, mainly web design and programming. I used my own personal computer to do this with, the business never needed any assets.

But, presumably, the company owned the intellectual property (and copyright) of the web designs and/or programming done in its name?

Who is/was the other director?

[bizzybob]

Re: Limited Company Debt

But, presumably, the company owned the intellectual property (and copyright) of the web designs and/or programming done in its name?

Who is/was the other director?

One would have thouight so, and also any templates designed, mind you as many developers use Wordpress, and buy in a tempate or "adjust" one they cull from the 'net how the bailiffs could sieze a web site would be fun to consider. Maybe they could have a go at 1 & 1 or Fasthosts, or a US based provider demanding they transfer the domain name used by Op to them. If it hasn't expired

[Sir Vere Brayne d'Emmidge]

Re: Limited Company Debt

But, presumably, the company owned the intellectual property (and copyright) of the web designs and/or programming done in its name?

Who is/was the other director?

No clamps for ideas have been approved by HMCTS yet!

Any debt owed by a limited company is non enforceable if such company was liquidated, ceased trading or just vanished.

It's like trying to get money out of a corpse ..... mind you, a corpse (assuming it's fresh) could be harvested for organs and the remains made into soap!

[bizzybob]

Re: Limited Company Debt

No clamps for ideas have been approved by HMCTS yet!

Any debt owed by a limited company is non enforceable if such company was liquidated, ceased trading or just vanished.

It's like trying to get money out of a corpse ..... mind you, a corpse (assuming it's fresh) could be harvested for organs and the remains made into soap!

Don't give Camoron ideas, the Chinese already sell the useable body parts off from their executed criminals it seems.......

[Sir Vere Brayne d'Emmidge]

Re: Limited Company Debt

Don't give Camoron ideas, the Chinese already sell the useable body parts off from their executed criminals it seems.......

After all the criminal incurred costs to the Chinese Government for the simple use of jail or the firing squad. It is only fair that the Chinese Government recoup as much as possible from a convicted criminal, dead or alive, it's totally immaterial!