HCE Officers coming to home address

[lost and cofused]

Good Morning everyone.

Looking for hel or advice here as I am unsure what to do next.

I have a Limited company. It has stopped trading, has very little in the way of assets, nothing in the bank, in fact it is in its overdraft but owes a debt of over 9,000. The company owed have taken me to court and the court find in their favour.

The first I knew of this was when a private debt company contacted me offering help with the CCJ. The reason for not knowing was that our registered offices were vacated by us back in August. The registered office being transferred to our accountants. The court case was in September.

Eventually I got hold of the court papers from the new tenant of our old offices, this was received long after the court case date, the end of September.

I know have a Notice of Enforcement that was delivered to my home address. I have contacted the HCO who sent the letter and have made an agreement to pay the amount owed by weekly installments as I cannot afford to pay in full. The first payment has been made and all future payments shall be made.

My questions i have are, can the Enforcement officer attend my home premises as this has never been a trading address of the Limited Company, if they can attend, what can they do and more importantly, what should I do. The date that I have to make full payment by is fast approaching, I know that I will be at work when this date comes. We cannot pay in full although I would dearly like to, I hate owing money but the circumstances of the company mean that I can't.

This is creating an enormous amount of stress to my wife and our relationship.

[Kati]

Re: HCE Officers coming to home address

Hi, and welcome to LB!!

If you have agreed weekly repayments with the HCO, then this should mean he will not turn up demanding payment in full - did you get the agreement in writing??

Kati x

[lost and cofused]

Re: HCE Officers coming to home address

Hi Kati, Thank you for taking time to respond,

I corresponded with the HCO via email, they replied via email with a PDF letter attachment. In the PDF they say that I should make the first payment and that they will contact their clients solicitor and inform them of my offer for their consideration and that they will let me outcome shortly. To date they have not informed me.

The payment was made via their payment requirements however I have not received this confirmation.

The letter then goes on to say that if they have not received full payment by the date identified (this week) then they have an obligation to proceed to Stage 1 of the Enforcement.

They do accept in the letter that they are only looking for goods belonging to the company, however to do this, would they be allowed to enter my home premises to assess to confirm that there are no Assets here? there are none, however I dont know where the burden of proof lies. Again, this is not, or has it ever been the trading address of the company.

[Kati]

Re: HCE Officers coming to home address

In my opinion, you should continue with the payment plan unless informed otherwise by the HCO - I'm sure more Beagles will be along to advise soon (there are others more knowledgeable than me in this area) but I think that you are doing the right thing by arranging weekly payments :tinysmile_grin_t:

I believe (although I might be wrong) that, without a court order, the Enforcement Officers would not be allowed entry into your home without you allowing them in (you could always sign a statutory declaration confirming that there are no company assets at your home address through your local courts as an extra safeguard).

K x

[davec1960]

Re: HCE Officers coming to home address

Is the debt the limited companies or a personal one?

is the judgement against you or the company?

[lost and cofused]

Re: HCE Officers coming to home address

The debt is to the Limited Company. All court papers and enforcement's display the company name. I have not signed any form of personal agreement.

[wales01man]

Re: HCE Officers coming to home address

Has the company been struck off liquidated or dissolved if its a Ktd co. debt and you have not stood guarantor for it YOU are not liable for its debts.

[Kati]

Re: HCE Officers coming to home address

I have asked for some other Beagles to come along and advise you lost and confused

K x

[lost and cofused]

Re: HCE Officers coming to home address

The company is still active but not trading.

[lost and cofused]

Re: HCE Officers coming to home address

My main area of concern is that the most recent Enforcement Notice has my home address on it, but displays the company name I will not be here when the HCO intends to visit. This means that my wife, who is not a Director of the company will be faced with dealing wit them.

[wales01man]

Re: HCE Officers coming to home address

Is the company registered address your home address?

[lost and cofused]

Re: HCE Officers coming to home address

No, the company is register now at my accounts address. Prior to this it was a commercial property. I can only guess as that because they could not reach me (they have made no attempt to contact me through my accountant) then they have looked on Companies House and found my address as the Director for the company.

The current Notice of Enforcement stats the company name, XXXXXX Limited, but then my home address is where it was sent. The company has never traded from my home address or ever advertised from this address.

[lost and cofused]

Re: HCE Officers coming to home address

I have made the enforcement company aware of this. The text below is taken from my correspondence with them:

I would also like add to this email that the address where the Notice has been sent is my private home address, it is not, nor has it ever been the trading or registered address of XXXXXXX Ltd. There are no items what so ever at this address belonging to or owned by XXXXXXX Ltd. Having checked with the court re the judgement, and confirmed through legal channels, the debt is owned by XXXXXXX Ltd and as such my personal items, belongings etc are not subject to seizure or control as identified under the Tribunal, Courts and Enforcement Act 2007, Schedule 12.

Their response:

Under the Tribunals Courts and Enforcement Act 2007 (TCE Act) unless payment in full is received
prior to expiration date displayed on your Notice of Enforcement, we are obliged to proceed to
Enforcement Stage 1 and attend your premises in line with the regulations to take control of goods
and assess your position. Whilst we note your comments regarding the assets of the Company, we
are obligated to attend to establish the situation for ourselves and our client. We also note your
comments regarding the address and confirm that only assets belonging to the Company would be
subject to a Controlled Goods Agreement.

This is what concerns me. Can they attend my home address, if so can they seize items there. The address they have was not given to them by me. The original court hearing was for the company address. Can they just change the addrerss, or does it have to go back to court for this change. My wife operates a small Ltd company, she has items here which belong to her and her cmpany. Would I for example have to prove that everything in my home, including my own personal belongs, tools, car, etc along with her business equipment and personal items do not belong to the company to which the debt is owed.

[ploddertom]

Re: HCE Officers coming to home address

They are allowed to pursue you at any address in England or wales if they believe you may have any assets belonging to the Ltd Co - usually a motor vehicle. As it is a residential address they are only allowed to gain access by peaceful means - it would be a seriously bad idea to invite them in.

As the debt lies with the Ltd Co and there is no personal guarantee made by yourself or AN Other then there is not much the HCEO can do unless a voluntary arrangement is made - which you have done, you should perhaps think of changing your mind.

That will not stop them attending as they need to see for themselves there are no assets.

[lost and cofused]

Re: HCE Officers coming to home address

Thank you all for all of your advice and understanding.

They will not be given entry into my home. There are no assets here belonging to the company.

I shall keep you all up dated on proceeding. Excellent forum.

Again many thanks to you all.