hi guys

I had a company since 2003 due to illness last year i had to close it down unfortunatly it left a creditor for ?500.

I have recently had notice at my home address that mybusiness name A firm has had a ccj for this amount + interest etc

Today ive had a letter from a bailif addressed to mybusiness name A firm (not to me personally) telling me that on the 30/04/08 the bailif and removal contractors will be coming to my home to seize and remove goods etc.

The company that this date i had is no longer trading no idea what i do next as you can imagine im terrified as i cannot pay the now ?000 + they are demanding

any help would be grateful
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You need to clarify something vital.

You have referred to "I had a company" and "mybusinessname A Firm"

Were you running a ltd company or not?

If you were then the bailiff has no right to levy against your personal belongings. If you were a sole trader or partner in a FIRM then you are personally liable for the debt.
You may be able to come to an arrangement with the Bailiff to settle the debt by installments.
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i had a ltd company but the debt has been assigned to the company name a firm and not to the company name ltd if that makes sense

and my name is not mentioned anywhere the ltd company was dissolved in feb this year
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I'm a touch confused.

Did the debt originate with your LTD company or not, ie was the invoice originlly made out too your LTD company??

If so the debt is limited to the assets of the LTD company and would not rest with yourself. Try to post clearly, I appreciate you are worried but it helps other's in giving any decent advice.
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HI,
Threat of bailiff coming with a removal contractor is a known threat some companies are using. Firstly dont let them in, They have no right to enter your home to seize goods if the debt is a company and your trading address isnt your home.

They cant enter by force some companies I know off use we will come with a locksmith. The only time they can enter and remove items if they have signed a walking procession. I dont this has happened. If you want to email me the companies name I may be able to offer some advice.

Dont phone the company in question write to them and send it registered post. Offer them a payment you can afford say ? per week. Send them a payment by chq. Keep copies of the letter. Or you have the right to write and say that you have no means of payment and the business has stopped trading.

You should ask for id when IF they attend I doubt they will. Write down everything they say as some naughty bailiffs use some wrongful phrases.

It also sounds that they are charging you a little high in fees.

I hope this helps

simon

Central Enforcement Agency:)
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Correct me if Im wrong {and forgive me} but is it legal for them to threaten sending in locksmiths etc as I understood it was illegal for debt collectors to threaten such action without warrants etc
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i think i understand this thread . the expense was through the ltd company , however the invoice has been raised to xyz not xyz ltd ? right , in such a situation if we were the bailiffs i would argue that our client has supplied to "award" trading as "XYZ" and we no nothing about XYz LTD .

If this is the case you have a difficult situation and you need to get back to court with a view of getting the judgement set aside .

It is not unusual to invoice incorrectly usually it works against the creditor in this case it may be to your creditors benefit !

Until you do this we debt collectors will try our utmost to get distress over any assets you have .

hope this give the viewpoint from the other side , PM me if i can help
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HI,
Threat of bailiff coming with a removal contractor is a known threat some companies are using. Firstly dont let them in, They have no right to enter your home to seize goods if the debt is a company and your trading address isnt your home.

Just to emphasise this bit - do NOT open the door to them - talk through a window. Once the door is opened, they can (under certain circumstances) put a foot in.

Could you also clarify whether these people are private debt collectors, or court-appointed bailiffs? In general, the former have no power, and if you are verbally/phyically threatened you should call the police.

Re the debt itself - do NOT offer to pay by installments. From my reading of this thread, this debt is with XYZ Ltd, NOT yourself personally. Simply write a letter to the debt collector (copied to the original source of the alleged debt; both by recorded/special delivery) stating that XYZ Ltd was wound up on xx December 2007, and all enquiries should be addressed to the Administrator/Liquidator at XX Firm, XX XX and not to yourself.

You may like to find a local solicitor who can confirm these facts to you - he will need sight of all relevant documents, including any guarantees you may have signed.
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i had a look and we have on file 1680 "A WARDS " listed as director or secretary so I was not able to confirm if the company is in Administration ,. or has simple stopped trading , I suspect the later .

A bailiff would if the ltd company is in administration have to approach the Administrator and the address as registered at companies house.

The big question here is what is the CCJ written out to , to my understanding this is not an alleged debt . it is a debt ,with the order of the Judge, but the CCJ is in the name of what exactly , this issue will enable us to advise appropriately . At the moment this issue is to vague . is the CCJ named xyz tld or xyz , if it is not know then you need to approach the court register of CCJ (http://www.registry-trust.org.uk/) and ask for a copy

Do not underestimate the skills of a bailiff . determination , know how and experience always finds a way ;)
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If the Judgement was obtained without your knowledge (i.e. if papers were served on the ltd company's address where you had no access) and you did not receive them then you can approach the court and for a fee apply for a hearing to have the Judgement "Set Aside" - i.e. cancelled pending a hearing with both parties present. The fee is (I think) ?5.

This will at least allow you to defend the case (as an individual) on the basis that the ltd company is no longer trading and your personal liability has been discharged. As far as the outstanding invoice is concerned you only have to offer up COMPANY assets in an attempt to discharge the debt - you have no further personal liability for the ltd company's debts as long as your liability was paid up.
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p.s. I don't think it matters whether the CCJ was obtained in the name "XYZ" or in the name "XYZ Ltd". What matters was the legal status of the company at the time the court Claim was raised; if it was at that time a ltd company (with your liability discharged) and it was no longer trading, then you have no remaining liability for the company's debts.
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Stonelaughter:
Im busy trying to find the creditor , so i can purchase the debt and serve the distress notice and claim assets , before the debtor has time to get order "set aside ".

I can do it by tomorrow afternoon , how quickly can the debtor get the order set aside ;)

I know when and how they can stop me , but im not telling :)
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Yes I understand that - but if I read this thread correctly, they have NOT found the creditor. They have found the former director of a fully discharged limited company. Fully discharged meaning that there is now no creditor - liability and assets are gone, company no longer exists. If the bailiff seizes personal property under these circumstances then they leave themselves open to a court claim against THEM. Even DCAs and Bailiffs aren't THAT dim.
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i would argue , that the purchase was made by "AWARD" , "award" did not disclose his limited liability status , and invoice was submitted to the business name provided , the invoice was accepted by "award" trading as "the business name" .

we class the debt as being owed by "award" trading as "the Business name"

the judge has ordered that "business name" owes this debt and possible as bailiff doing my research before attending, i have evidence that "award" is/was the controller of "business name" making him "award TA business name" personally liable for the debt .

Until the judge order different i will seize assets of "award"

;)

Is anyone on this forum still a friend ?
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I quite agree with Nigel.

It is quite common to see a sole trader or partnership run up considerable debts and then attempt to hide behind 'limited liability' of a limited company after the event.
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I quite agree with Nigel.

It is quite common to see a sole trader or partnership run up considerable debts and then attempt to hide behind 'limited liability' of a limited company after the event.

Yes, but you're making a big leap by reading about someone being harassed by one of your peers to suggesting that they may have been misrepresenting theirselves.
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Hi James,

'Harassed' seems a strong word to use however I'm not privvy to the extact facts about the above case and no not think that a public forum is the place to discuss it.

I was merely commenting and agreeing with the fact that in my own experience it is not uncommon for debtors to attempt to avoid paying for debts incurred as a trader by trying to imply that the liability actually lies with a ltd company.

Regards

Nick
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