Bailiff turned up at my limited company premises looking for previous ltd company

[vanark]

Hi all

A bailiff turned up at my warehouse with a warrant for previous limited company that was in there started nosing around and found a old business card of theirs signs out side clearly show a total different Limited company name to that of his warrant.

one of the directors was involved with the old limited company which having looked on companies house has no directors has filled their accounts or annual conformation and has a compulsory strike off suspended.

I thought that the warrants Details had to match the sign above the door and full address for them to enter?

what should I do we have no debit and pay all our invoices on delivery even on our monthly accounts all taxes are up to date no loans etc.

baliff trying to say as one director has a tie with both business it gives hime the right to enter and nose around?

 

[fisicx]

The HCEO (not bailiff) can only do what it says on the warrant. If the company details are different you can tell them to poke off. Why did you even let him in?

 

[Mark T Jones]

The warrant doesn't have to match the sign above the door - they need reasonable evidence that the company operates/operated from the premise - in this case I presume it was the given trading address for the business?

There is a fair chance that they have decided there are no assets relating to that business on site and won't come back.

If they do, try to have proof of ownership for anything of substance

 

[WaveJumper]

A bit of useful reading for those coming across this thread:

Stopping bailiffs at your door

Check how to stop bailiffs coming into your home and what to do if they break the rules.

www.citizensadvice.org.uk

 

[Gyumri]

Show a copy of your lease or agreement to show that they have the wrong address.

If any more argument apply to the court under CPR 87.3 for a stay of execution. Any person may apply under that section for a stay of enforcement - in your case because you have nothing to do with the debtor.

By "bailiff " I assume you are referring to a high court enforcement officer with a Writ of Control and not a county court bailiff.

Anyway a letter to the bailiff's firm explaing your position should be sufficient.

 

[Mark T Jones]

A bit of useful reading for those coming across this thread:

Stopping bailiffs at your door

Check how to stop bailiffs coming into your home and what to do if they break the rules.

www.citizensadvice.org.uk

Different rules for home & business premises.

 

[Mark T Jones]

Show a copy of your lease or agreement to show that they have the wrong address.

If any more argument apply to the court under CPR 87.3 for a stay of execution. Any person may apply under that section for a stay of enforcement - in your case because you have nothing to do with the debtor.

By "bailiff " I assume you are referring to a high court enforcement officer with a Writ of Control and not a county court bailiff.

Anyway a letter to the bailiff's firm explaing your position should be sufficient.

Proving that you hold the lease doesn't prove that the other company doesn't operate from the premises.

It might be revealing to understand why the HCEOs believe the business operates from that address.

 

[MBE2017]

Many people confuse debt collectors with bailiffs.

Too late now because you let the guy in voluntarily, but for anyone else reading, find out who you are actually dealing with, check out they are a registered bailiff or debt collector with the office, even check if licences are up to date, many are not.

Most importantly never let any in if it has nothing to do with your company, contact your solicitor and get them to talk to them on the phone etc, do not trust the police, they simply appear to prevent a breach of the peace, and take the bailiffs word 90% of the time as gospel.

Get your lease and any other paperwork to show who you are ready for a next visit, plus copies of invoices for anything of value. In the meantime OP talk to your company solicitor and get advice in case you get another visit, cheaper to stop this now than prove everything later.

 

[japancool]

A bit of useful reading for those coming across this thread:

Stopping bailiffs at your door

Check how to stop bailiffs coming into your home and what to do if they break the rules.

www.citizensadvice.org.uk

That relates to consumer debts. It is very different for business debts.

 

[vanark]

Proving that you hold the lease doesn't prove that the other company doesn't operate from the premises.

It might be revealing to understand why the HCEOs believe the business operates from that address.

They use to operate from there it ceased trading over 12 months ago and both directors resigned we then took over the building and have paid the electric & the lease for last 12 months

 

[vanark]

The HCEO (not bailiff) can only do what it says on the warrant. If the company details are different you can tell them to poke off. Why did you even let him in?

As it’s a business doors where open and he wandered in as a normal customer

 

[fisicx]

As it’s a business doors where open and he wandered in as a normal customer

You said warehouse which suggested it was a storage unit. Apologies for my assumption.

 

[Mark T Jones]

They use to operate from there it ceased trading over 12 months ago and both directors resigned we then took over the building and have paid the electric & the lease for last 12 months

Whilst I appreciate it is distressing for you, as the innocent party, the point here is that they appear to have behaved in a reasonable and legal manner.

Mostly, debt collectors are simply the messengers (though they can be unsubtle in their delivery). A key message here is that your business partner is happy to turn people over financially- beware!

 

[vanark]

Whilst I appreciate it is distressing for you, as the innocent party, the point here is that they appear to have behaved in a reasonable and legal manner.

Mostly, debt collectors are simply the messengers (though they can be unsubtle in their delivery). A key message here is that your business partner is happy to turn people over financially- beware!

He’s shown us why the other company went though it was down to council court case for breach of noise abatement notice it couldn‘t pay fine which tipped it over edge with Covid closing them down multiple time with staff having to isolate and he him self still suffers with long term covid

 

[Gyumri]

It's an old thread.

 

[japancool]

It's an old thread.

And he was the thread starter.

 

[JEREMY HAWKE]

And he was the thread starter.

He can't even spell Fred properly!

 

[ChrisCallaghan]

He’s shown us why the other company went though it was down to council court case for breach of noise abatement notice it couldn‘t pay fine which tipped it over edge with Covid closing them down multiple time with staff having to isolate and he him self still suffers with long term covid

Have the enforcement officers accepted that the debt is against a previous tenant, and not your business?

 

[DontAsk]

It's an old thread.

Only a month.

 

[Gyumri]

And he was the thread starter.

 

[Gyumri]

Many people confuse debt collectors with bailiffs.

And with refuse collectors - although they're now on strike so it should be easier to spot a bailiff.

 

[Bob Morgan]

And with refuse collectors - although they're now on strike so it should be easier to spot a bailiff.

Refuse Collectors are better dressed and have superior grooming

 

[Gyumri]

Refuse Collectors are better dressed and have superior grooming

They should still not be allowed into your premises to snoop around.

 

[ChrisCallaghan]

They should still not be allowed into your premises to snoop around.

I try to see it from both sides where possible. If you were owed money by a company, and resorted to instructing High Court Enforcement Officers, you'd want them to exhaust all possibilities before they tell you that they believe the debt is not recoverable.

 

[Mark T Jones]

I try to see it from both sides where possible. If you were owed money by a company, and resorted to instructing High Court Enforcement Officers, you'd want them to exhaust all possibilities before they tell you that they believe the debt is not recoverable.

This forum is a great reflection of the general view of debt collection, where individuals will simultaneously scream for enforcement whilst moaning about enforcement.

Makes me chuckle.

 

[ChrisCallaghan]

@Mark T Jones not uncommon for me to speak to a business owner who is, on one hand, angry at the bailiff action and tactics they are facing... and then later in the conversation is telling me that their business is failing due to non-payers.

 

[Gyumri]

Refuse Collectors are better dressed and have superior grooming

They should still not be allowed into your premises to snoop around.

I try to see it from both sides where possible. If you were owed money by a company, and resorted to instructing High Court Enforcement Officers, you'd want them to exhaust all possibilities before they tell you that they believe the debt is not recoverable.

I was referring to the refuse collectors.

 

[ChrisCallaghan]

I was referring to the refuse collectors.

My sister works in corporate refuse solutions... she's perfectly pleasant. ?

 

[MBE2017]

Like any industry, there are those that do the work fairly and honestly, abiding by the rules, and then there are the others.

The only arguments I ever had when debt collecting was when someone’s partner would insist on knowing why I was calling. Despite explaining it was a private matter and I required their partners consent to discuss things, most would argue and threaten violence etc.

I had a policeman once run out accusing myself of not telling his girlfriend who I was, she explained I had shown her my ID. He then insisted on seeing it, even flashing his warrant card and threatening to arrest myself if I did not. I explained he had no power in the situation, and was happy to talk to the police chief and offer full training on data protection, since he had no idea about such matters.

I asked the girl if she was happy for myself to discuss her business with her boyfriend, or would she prefer I kept it private. She told him to sling his hook and keep his nose out of her business. They parted whilst we were chatting, permanently.