Enforecment Notice posted to Home address?

[Oldguy]

I had a Ltd company that ceased trading in Dec 2014, the issue is related to a CCJ against the company due to a credit card company charging the wrong conversion rate for GB£ to a US$ for a US customer. The customer did a charge back for £1452 and now the cc merchant services are chasing me for their mistake - all this was put in writing but we still got a CCJ We informed the creditor of our status in October 2014 - no assets and money, but it does not seem to matter.

I have recently received an Enforcement letter under the company name at my home address. The company has no assets and no money to pay the CCJ. The CC merchant agreement was not under any personal guarantee, so what can I do if/when they turn up? There are no assets at the home address, I have been advised to write to the HCEO (Marstons) and tell them no company assets are at the premises and to send a copy of a bank statement to show no cash in account, but will this still stop them turning up? I have heard some real nightmare stories.

Really concerned as I am due to go on holiday (staying with relatives in different part of England for Easter) and don't want to return to find forced entry!

Any advice greatly received, thank you in advance.

[wales01man]

Re: Enforecment Notice posted to Home address?

Is the Company still trading?

[Milo]

Re: Enforecment Notice posted to Home address?

I am sure that the enforcement company would not be considered to be at fault for writing to you at your home address given that it may be (although from your above post we know that this is not the case) that the limited company has a assets that are being sold by a trustee for the defunct company. Also, the letter could be forwarded by you onto a company that may be dealing with the closure of the business.

However, in your case it would seem that the affairs of the company are such that the limited company are not under the control of a insolvency firm and the company has merely ceased trading. It is vitally important that you write to Marston's asap. Are you able to provide any evidence at all that the company has stopped trading?

[wales01man]

Re: Enforecment Notice posted to Home address?

Until they see proof that the Company no longer trades they can go after it for the money if the Companies registered address is your home they are within their rights to go there .
Give them the proof then they will pursue the debt through the proper channels if there are any

[Oldguy]

Re: Enforecment Notice posted to Home address?

No the company and creditor informed that company ceased trading in December 2014.

[Oldguy]

Re: Enforecment Notice posted to Home address?

Wales01man,

My home is not the registered address and never has been. We can show the bank account with £0 in it? What else would they need to prove it has ceased trading? We also moved out of the registered address in December.

We have no funds to appoint an administrator/liquidator.

Thank you both for your input.

[wales01man]

Re: Enforecment Notice posted to Home address?

Have to think they may suspect you have more than one account if you are LTD the company can be dissolved or other action taken You will need to convince them there is nothing for them to take

[Oldguy]

Re: Enforecment Notice posted to Home address?

Do you give them access to your home? Then have to prove ownership of anything seized? Do they remove it from your home until proven?

If you don't give them access what then? What about a letter from my accountant, stating the company has ceased trading? Am I in my rights to leave the door locked and carry the discussion through the window in the door?

[wales01man]

Re: Enforecment Notice posted to Home address?

If nothing in your home is owned by the business they cannot take anything I suspect they cannot enter so talk through the window

[Oldguy]

Re: Enforecment Notice posted to Home address?

So I have to stand my ground when they turn up...

Thank you for the information.

[wales01man]

Re: Enforecment Notice posted to Home address?

Its the \Company that owes the money not you Must stand your ground

[paulajayne]

Re: Enforecment Notice posted to Home address?

Do not let them in.

[Oldguy]

Re: Enforecment Notice posted to Home address?

Is the term Enforcement Officers a new one for bailiffs?

[Kati]

Re: Enforecment Notice posted to Home address?

Is the term Enforcement Officers a new one for bailiffs?

Yea ... it came in with the change of regulations in April last year

[ploddertom]

Re: Enforecment Notice posted to Home address?

The reason they attend your home is quite simple really, you would be amazed at the number of folks from Ltd Co's who take the firms car home & use the now defunct office photocopier for their own use. As it is a residential address he has no automatic right of entry and cannot force his way in but can force entry to any detached building on the premises - garage, workshop etc. Once established there are no company assets the Writ will be returned to the Claimant.