Bailiff Wrong Address! Commercial

[QuickHomeBuyers]

I think bailiff have the wrong address for a company which is not us. I have sent a letter to the court with evidence explaining them that we are different people and a different company.

The next visit is due tomorrow, anything that we could do to prevent him touching our stock?

 

[simon field]

Yes, refuse him entry and call the police.

 

[QuickHomeBuyers]

Yes, refuse him entry and call the police.

But he would insist that we are the company in question. What document would I need to prepare in order for police to believe us?

 

[simon field]

I'd assume that your company name is different to the company name on the bailiff's paperwork?

I doubt you'd need any documentation to show the police if you told them you're being harrassed or/and that this fella would be trespassing if he set foot on your property.

As far as I'm aware, anything other than a HCEO has no power of entry into commercial premises.

Simon

 

[simon field]

Also, he'd need a court order in YOUR company's name to get anywhere

 

[Steve Sellers]

But he would insist that we are the company in question. What document would I need to prepare in order for police to believe us?

Certificate of incorporation, hmrc documentation, lease etc. Anything official with your company name on it.

 

[MikeJ]

Doesn't that just prove a different company is at that address. It doesn't prove that the company they want isn't there. Though surely that should be something the bailiff has to prove.

 

[QuickHomeBuyers]

Doesn't that just prove a different company is at that address. It doesn't prove that the company they want isn't there. Though surely that should be something the bailiff has to prove.

He had the Execution notice and his ID and nothing else.

 

[internetspaceships]

I'd let him keep coming back until he gets bored of trying to access the wrong company. He might get the message then.

You must have a certificate of insurance on the wall that shows you are not the same company right?

 

[Steve Sellers]

What is the name of the Company they are seeking to enforce the order against?

Go to http://wck2.companieshouse.gov.uk/ and search for the name of this company. Is the registered address even the same as yours?

 

[Eagle]

Let them take all your stuff. Then sue them for loss of earnings, replacement of stock/furnishings and damages. Quids-in.

 

[QuickHomeBuyers]

Let them take all your stuff. Then sue them for loss of earnings, replacement of stock/furnishings and damages. Quids-in.

Its the Cardiff Civil Court bailiff. I don't think suing them would be an easy job. lol

 

[QuickHomeBuyers]

What is the name of the Company they are seeking to enforce the order against?

Go to http://wck2.companieshouse.gov.uk/ and search for the name of this company. Is the registered address even the same as yours?

It was the first thing that I checked. The company is different and doesnt even have similar name or anything.

 

[internetspaceships]

Show him the quickest way off site then mate.

 

[QuickHomeBuyers]

Show him the quickest way off site then mate.

Yes, will need a couple of baseball bats for tomorrow then I guess.

 

[Steve Sellers]

Show him the quickest way off site then mate.

Agreed.

Notice of proceedings should have gone to the registered address of the company or their last known place of business. Somebody has given your address somewhere down the line.

If the order isn't in the name of your Company, and they cant establish that the Company who are subject to the order holds any assets at your address then tough titties for the bailiff/creditor.

 

[QuickHomeBuyers]

Agreed.

Notice of proceedings should have gone to the registered address of the company or their last known place of business. Somebody has given your address somewhere down the line.

If the order isn't in the name of your Company, and they cant establish that the Company who are subject to the order holds any assets at your address then tough titties for the bailiff/creditor.

I think the claimant has given our address by mistake. I wrote a letter to the court explaining this with the evidence of us owning and operating this premises.

I am now in receipt of a reply from the district judge. They have passed this matter back to the claimant solicitor. But doesn't say anything about the bailiff and why we have been involved in this mess?

 

[Steve Sellers]

I think the claimant has given our address by mistake. I wrote a letter to the court explaining this with the evidence of us owning and operating this premises.

I am now in receipt of a reply from the district judge. They have passed this matter back to the claimant solicitor. But doesn't say anything about the bailiff and why we have been involved in this mess?

Then I suggest you send a copy of the letter to the solicitor involved attached with a polite letter from your company asking them to desist in sending the bailiffs to your property. State you are sending a copy of the court letter to ensure they have got a copy and to expedite matters. Do tell them that this is costing you time and money. You then leave the door open for a further letter seeking damages if they continue to pursue you.

 

[QuickHomeBuyers]

Then I suggest you send a copy of the letter to the solicitor involved attached with a polite letter from your company asking them to desist in sending the bailiffs to your property. State you are sending a copy of the court letter to ensure they have got a copy and to expedite matters. Do tell them that this is costing you time and money. You then leave the door open for a further letter seeking damages if they continue to pursue you.

But we dont know who they are. They dont mention their name on this letter. Is there a way I can find it out?

 

[Steve Sellers]

But we dont know who they are. They dont mention their name on this letter. Is there a way I can find it out?

It would be on the court documents but of course given nothing was served on you because you're not the respondent means you didn't get any paperwork.

You could telephone your county court and ask who the claimant is or who their solicitors are.

You could also hand the letter to the bailiff if/when they return tomorrow.

 

[OldWelshGuy]

Get yourself down to the courts, speak to them in person, demand the name of the party that instructed the bailiffs, and telephone them from the courts. Don't leave until the lunatics have contacted the bailiffs in your presence.

tell this company that you told them previously that they were wrong, but that they ignored this, harassed you and as a result have damaged your good business name and that you are considering seeking legal regress for the damge to your reputation caused by the incompetence and the refusal to accept your statements of fact and documentary evidence as provided previously.

Then claim damages against them, ask them to make an offer to settle in the region of £1000 . See what happens

 

[awebapart.com]

But we dont know who they are. They dont mention their name on this letter. Is there a way I can find it out?

Google your address to see if anyone else or any other company is associated with your address.

Is it your company registered address, I checked that and there's also a post office with that registered address (although that could be your accountant's address, as some companies use their accountant for their registered address, it is also worth checking with your accountant if this is the case)

 

[awebapart.com]

there's also a post office with that registered address

Ignore that, I now see that's one of your group of companies (as mentioned on your website).

 

[QuickHomeBuyers]

I am armed with

a. Solicitors letter confirming our registration on HMLR.
b. Electric bill for Aug11
c. Copy of Land registry search.
d. VAT Letters
e. ICO Entry Report

What else could come in handy.

Thanks for all those who helped.

 

[OldWelshGuy]

Seriously you don't NEED any of those.

these are CIVIL officers, they have NO LEGAL RIGHT to touch your stuff. Tell them they have no right to anything as the document is incorrect, and that you will telephone the police immediately if they attempt to steal anything.

If the try, then pick up the telephone call 999 and report an aggravated burglary. Don't mention bailiffs etc, simply tell the police that some guys claiming to be bailiffs have forced their way in against your wishes with no legal right of entry, and are trying to remove your posessions, tell them you feel physically threatened and are concerned for your well being.

The police will be there in MINUTES!

 

[internetspaceships]

I refer you to my previous post. Show him the quickest way from the site

 

[Steve Sellers]

The police will be there in MINUTES!

You can tell you don't live in Hull!

 

[simon field]

If you want the police to get there sharpish, tell them you've killed someone.

 

[Paul Norman]

I had a similar situation at my home address. Repeatedly, bailiffs would arrive, with various levels of aggression, because of money owed by a person who had not lived at the address for some time.

The bailiffs did ask me to prove I was not the person in question. I reminded them that I could do that, but they needed to prove I was not. I would not allow them over the threshold at any point, but did take their details so that I could contact their boss and explain the situation.

In all, about 5 visits happened before the news that the real debtor had fled sunk in.

 

[QuickHomeBuyers]

Nobody came back.

 

[Steve Sellers]

Good! Maybe they heard about that baseball bat! lol

 

[rubber.dubbers]

You say you have written to the Court advising them the company of whom has received a judgement against them does not own any assets in the property. This notice in itself is sufficient to kick start a procedure called Interpleader.

The Court should issue a notice to the judgement creditor within 5days of receiving your notification. It would be then to accept or reject your claim over the goods. If they reject the claim over goods then the Court has to list a hearing for interpleader proceedings. Many claimants do not do this as they are costly and not often used.

If you are unsure it comes under CPR 14.19 and Civil Procedure Checklist 8. They should not take any further enforcement action until the interpleader has been dealt with.

 

[TODonnell]

General Advice to All:

Bailiffs are not allowed to come in if a company (or an individual) isn't physically at that address.

So, when they knock on the door and ask for the name of an individual who doesn't live at the address or cite the name of a company, tell them this company or individual is not at this address.

We are a virtual office company and our address sometimes get used by individuals who fail to keep a good credit history! So, when once a bailiff arrived at one of our office addresses we told them that this is a virtual business address, and the individual is not trading from this address. And they didn't proceed further with serving notices etc.

 

[TSUK]

Have a copy of what you sent to the court ready to give them if they turn up. Better still ring the bailiffs office and explain.

If your worried about them keep calling while your out leave a notice in the window quoting something on the lines of "COMPANY/PERSON X does not occupy this property and never has. The court has been notified"

 

[QuickHomeBuyers]

Oh well, the same guy turned up agian yesterday with a copy of the letter we sent to court and I wasnt there to speak to him but he said, these two companies are same and we have obtained the evidence.

He handed a letter saying that he will come back at 9AM on 4th October. I think I will have to personally go to the court and speak to them.

I am just worried about the scene it can create if they actually turn up on the 4th.

 

[MASSEY]

Oh well, the same guy turned up agian yesterday with a copy of the letter we sent to court and I wasnt there to speak to him but he said, these two companies are same and we have obtained the evidence.

He handed a letter saying that he will come back at 9AM on 4th October. I think I will have to personally go to the court and speak to them.

I am just worried about the scene it can create if they actually turn up on the 4th.

Why are you getting so involved? Do you like fannying around going to courts and sending letters?

Phone the police and tell them like was mentioned some idiots are trying to steal your stuff.

 

[QuickHomeBuyers]

Yes as I did mention, this would lead to bad reputation locally because neighbours wont always know the full story.

I think its best to stop them coming in the first place.

 

[Mpg]

If he's a court bailiff he'll have an office in the court. You could always go and see him.

 

[QuickHomeBuyers]

If he's a court bailiff he'll have an office in the court. You could always go and see him.

Don't think he would be willing to understand, Ive had a brief phone conversation with him in past upon his last visit and he seems adamant.

 

[TSUK]

If he is a court bailiff and your not getting anywhere with him. Speak with his manager