Company cars and bailiffs

[Wekan]

Hi all, I hope you can help.

My registered Ltd company is my home address. I have 2 cars in my company name on my drive. The bailiffs have turned up over a longstanding PERSONAL debt. Can they take the cars?

Thank you

[R0b]

Re: Company cars and bailiffs

Yes they can in theory, they belong to the company not you personally. However there are some regulations I believe that have floated about before about company's cars if they are used predominantly for work purposes then they may not be able to take them. Given that you have 2 vehicles and there is only one of you I would imagine there would be no reason why you need two and they could probably take one away potentially leaving the other

[Wekan]

Re: Company cars and bailiffs

It's a personal debt not company debt

[R0b]

Re: Company cars and bailiffs

Sorry, finger pressed reply too quickly, misread the question. If it's a personal one then no they cannot if the vehicles registered in the company name. Are they on finance or bought outright? If you can prove they belong to the company and they take them away then you can sue the bailiffs for wrongful interference of goods and claim damages as well as the return of the cars. The claim would have to be brought on behalf of the company - assuming you own the company as a shareholder or you are a director?

[Wekan]

Re: Company cars and bailiffs

The cars are owned outright and yes I am the company director.
Thanks for your quick response

[LEXUSLAWYER]

Re: Company cars and bailiffs

Providing you have proof the cars are owned by the Limited Co, (not registration document) ideally a purchase invoice from wherever you purchased them and an insurance certificate in the company's name. They would be stupid to either uplift or immobilise them.

If you have that proof and after making it available to them, they attempt to seize them, they are in for court sanctions, plus your costs and damages.

But be absolutely certain you can provide proof on the doorstep, otherwise they may just take them assuming you own them and forcing you to make an interpleader application to the Court for their return.

[Openlaw15]

Re: Company cars and bailiffs

Providing you have proof the cars are owned by the Limited Co, (not registration document) ideally a purchase invoice from wherever you purchased them and an insurance certificate in the company's name. They would be stupid to either uplift or immobilise them.

If you have that proof and after making it available to them, they attempt to seize them, they are in for court sanctions, plus your costs and damages.

But be absolutely certain you can provide proof on the doorstep, otherwise they may just take them assuming you own them and forcing you to make an interpleader application to the Court for their return.

This is correct. Personal debt includes a non legal company (ie Sole Trader), ie which is not incorporated pursuant to the Company Act 2006. If it were a legally incorporated company including Limited Companies then the company cars belong to the legal company so are not 'personal debt', ie cannot be taken or immobilised. It would then be trespass to goods I believe, you could sue the bailiffs for damages.