Limited Company Debt

[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!

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?

[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

Re: Limited Company Debt

Nice Avatar, CC

I had considered using this instead:

[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.

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.

[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:

[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

Reminds me of that tv advert for Jaffa cakes -

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

[MissFM]

Re: Limited Company Debt

Nice Avatar, CC

[MissFM]

Re: Limited Company Debt

Nice Avatar, CC

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

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:

[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

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