Enforecment Notice posted to Home address?

[Oldguy]

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.

Thank you, on the plot are 2 barns, ours and a neighbors that has bikes in it, completely nothing to do with us as we purchased our house from him. He also has a 40' container he keeps his building stuff in! We are a detached dwelling, are they likely to force entry into his barn/caravan/container? If so, should I inform him of this possibility - will they give me a date when they intend on calling, even if I supply them with proof that the company has no money (bank statement) and a letter of truth?

Man, this is giving me sleepless nights - only had 2 hours last night

[wales01man]

Re: Enforecment Notice posted to Home address?

Can I ask what a Letter of Truth means ?be prepared for them to dispute that if they turn up you will need I suspect a bit more than a bank statement to make them go away.

[Oldguy]

Re: Enforecment Notice posted to Home address?

Can I ask what a Letter of Truth means ?be prepared for them to dispute that if they turn up you will need I suspect a bit more than a bank statement to make them go away.

I was advised by another EO (family acquaintance) to do one, similar to swearing an oath, they also suggested sending the copy of the bank statement. that is all I have as I do not have enough money to close the company officially.

[wales01man]

Re: Enforecment Notice posted to Home address?

I hope other LBers will comment on the letter if you fail to post accounts on Companies house they will dissolve the Company but that takes time until then you may have to fend off the Bailiffs .

[ostell]

Re: Enforecment Notice posted to Home address?

When I stopped trading I contacted companies house and told them so. I closed the company bank accounts etc. The company was marked as dormant by companies house. All I have to do now is complete the Companies House return once a year and complete a very basic financial return.

[wales01man]

Re: Enforecment Notice posted to Home address?

Pass all this on to the Bailiff if they call cannot see them getting anything nothing for them

[Garlok]

Re: Enforecment Notice posted to Home address?

I hope other LBers will comment on the letter if you fail to post accounts on Companies house they will dissolve the Company but that takes time until then you may have to fend off the Bailiffs .

Please be careful with statements such as this. The Companies Act 2006 is the most complex piece of legislation ever placed on the Statute Book. If you do not file returns then Companies house will automatically "fine" you. You should be aware that the directors and in particular the "company secretary" are repsonsible for the financial conduct of the limited company. They are protercted to a certain extent by the limited company status from unsecured trade creditors but even that is not absolute these days.

CA2006 has removed the right to just "dissolve" a company even for legitimate reasons like retirements. For dissolution the company must not have traded for three months and there must be NO creditors even amounts showing on the directors' loan accounts have to be legitamately written down. These must also be clear. In the event these conditions cannot be met then voluntary liquidation is the route that has to be undertaken. Not many creditors will take the company because of the costs involved both official and to any insolvency practitioner who gets their grubby hands on the case.

I also question the dormant status of this company that is acively being pursued it would seem as the Companies House rules are quite clear in that NO COMMERCIAL ACTIVITY AT ALL may be undertaken by a dormant company, (just look around at the activities of and complaints about one "Mercers" Barclaycard's monkeys who claim to be a dormant company) The OP needs to tread with care. The fines and penalties are automatic by the way as are the interests of HMRC once aroused.

regards

[ploddertom]

Re: Enforecment Notice posted to Home address?

Thank you, on the plot are 2 barns, ours and a neighbors that has bikes in it, completely nothing to do with us as we purchased our house from him. He also has a 40' container he keeps his building stuff in! We are a detached dwelling, are they likely to force entry into his barn/caravan/container? If so, should I inform him of this possibility - will they give me a date when they intend on calling, even if I supply them with proof that the company has no money (bank statement) and a letter of truth?

Man, this is giving me sleepless nights - only had 2 hours last night

His possessions are at risk of being taken as Enforcement Agents hear all the time that X, Y or Z are owned by different people and no proof is provided. He does need to do a Statutory Declaration as to ownership if he does not have receipts otherwise his goods may be removed and he may have to pay to get them back by depositing money with the Court.

[wales01man]

Re: Enforecment Notice posted to Home address?

Had a company dissolved I was never fined I was telling the OP what happens in his case we do not know the full facts about this company

[Garlok]

Re: Enforecment Notice posted to Home address?

May I respectfully suggest the OP goes to www.gov.uk and takes a read of the information supplied about running a limited company, directors rerpsonsibilites, strike offs, dissolution etc. They have much improved this information which was difficult to obtain without help. The scale of fines and penalties is well detailed plus the requirements that are placed on directors personally is well detailed.

In these days of everything IT there are much closer links between organisations like Companies House and HMRC and it is a requirement that HMRC have been informed of the OP's circumstances and that of his limited company. As Post 1 states that the problems occurred as late as October/December 2014 then he MUST have been running RTI even if it was a zero return each month to the Revenue and a final salary paid at the end of the financial year. Failure to comply also brings penalties hence the need to do these things in a proper way. We have always found HMRC to be helpful when the right person is found. Limited company is no longer the all singing all dancing protection people thought it was for the small business particularly. We are closing ours after over twenty years this year and even in our circumstances which are now clear its not that easy.

We are aware of other even more established and older companies than ours who have to jump through hoops with the new legislation and regulations.

regards