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

[megan]

Re: Limited Company Debt

I am in a similar position to the OP except the CCJ is in my name at my home address (also rented). The debt was owed by the limited company and all the solicitors letters threatening legal action were addressed as such. I know I should have replied to the court but I just haven't been able to cope with any problems for months. I am on medication for depression/anxiety and if it wasn't for my dogs I wouldn't even leave the house, not agoraphobic yet but getting close!

[Sir Vere Brayne d'Emmidge]

Re: Limited Company Debt

Perhaps Herr Schmidt hasn't read Swift's Modest Proposal?

I do like children, but can not eat a whole one!

Re: Limited Company Debt

Barbecued Cabin Boy, as per survival of shipwrecked 17th Century sailors...

And Herr Schmidt did attend a naval training school...

[bizzybob]

Re: Limited Company Debt

Perhaps Herr Schmidt hasn't read Swift's Modest Proposal?

Barbecued Cabin Boy, as per survival of shipwrecked 17th Century sailors...

Re: Limited Company Debt

Well at least they aren't being rendered down into Soylent Green..... YET!!!

Perhaps Herr Schmidt hasn't read Swift's Modest Proposal?

[bizzybob]

Re: Limited Company Debt

Perhaps it was, but was it as bad as suggesting that a cadaver should be rendered down into soap?

That was also a horrible and cruel myth.

(And, no, I do not deny that the holocaust happened!)

Well at least they aren't being rendered down into Soylent Green..... YET!!!

Re: Limited Company Debt

In bad taste that one CC

Perhaps it was, but was it as bad as suggesting that a cadaver should be rendered down into soap?

That was also a horrible and cruel myth.

(And, no, I do not deny that the holocaust happened!)

[wales01man]

Re: Limited Company Debt

In bad taste that one CC

Re: Limited Company Debt

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!

Whilst the skin could be tanned and made into novelty lampshades, to be sold to neo-nazi nutters as holocaust souvenirs?

[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!

[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

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

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

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?