Can an HEOC visit Directors home for Limited company debt?

[FirstTimeMD]

My company has become insolvent due to Covid-19 wiping out an entire years worth of business (event hire). Having explored every possible option to keep the company afloat, we now have just £100 left in the bank and owe a total of £54k to suppliers and HMRC.

With no money or assets for an insolvency practitioner, I'm sadly closing down the company by following the Spongebob plan and have written to all creditors informing them that we have stopped trading and will apply to be struck off in 3 months time.

The company is Limited and was in a rented, serviced office which have been vacated. The rented office was our registered trading address and our accountants address is our registered office.

One of the creditors (not HMRC) has taken us to court and won a CCJ for their debt. They transferred to the High Court and today a High Court Enforcement Officer (HCEO) visited our vacated serviced office. They left a Notice of Attendance which was made out to the Limited company name.

I'm scared that the HCEO will next attend my home address. My home address has never been registered as a trading or registered address, but as a Director companies house has my home address. Also my accountant has used my home address for correspondence over the years so they might give it to the HCEO. I expect the HCEOs are experts at tracking people down!

My question is, can an HCEO visit a Directors home for a Limited company debt?

If so, what powers do they have? Nothing at my home is linked to the company in any way.

Appreciate any advice/experiences from the forum. This is really scary stuff and I want it all to be over soon.

Thanks.

 

[AllUpHere]

If there is nothing at the house that has anything to do with the company just don't let them in.

 

[bovine]

They will likely visit. As said above, dont let them in the house under any circumstances but do tell them nothing belonging at the business is at that address.

 

[FirstTimeMD]

Thanks to you both for your quick replies.

Do they have to go back to the Court first to update the writ to a Director's personal address, or can they just show up whenever they want?

My wife is terrified that they could just walk in through the back door and be sitting in the kitchen!

 

[Mr D]

First, keep doors and windows locked.
They have right of entry to your place of business, they don't have the same right of entry to your house.
However leaving your door open is asking for trouble anyway.

Simply tell them on the phone or in person (outside) if they turn up. "The company has ceased trading and has no assets."

Presuming of course that is all correct.

CCJ can't get anything out of the nothing to be got.

 

[Spongebob]

It is unlikely that a bailiff will visit your home in pursuance of a company debt. They know that there is no point and that they would simply be wasting their time.

Chances are that they have already reported back to their office that the company has vacated its premises and that realistically no further action is possible. It is not the kind of company that has thousands of pounds worth of physical assets such as plant and machinery or stock.

Having said that, you never know. Sensible precautions as suggested above are a good idea for a few weeks until the heat dies down.

If anyone does turn up simply repeat the mantra "The company has ceased trading due to becoming insolvent and has no assets."

 

[Bob Morgan]

I believe that there are 2 'Schardenfreude' Television Series related to High Court Enforcement Officers! "Can't Pay - We'll take it away" and "The Sheriffs are Coming!"

 

[AllUpHere]

I believe that there are 2 'Schardenfreude' Television Series related to High Court Enforcement Officers! "Can't Pay - We'll take it away" and "The Sheriffs are Coming!"

I've never seen the second, but the first simply serves to advise the public that HCEO's aren't that bright and just about anyone can run rings around them. I think they are fairly handy if you need to evict someone, but for debt collection if the debtor hides their car and locks their doors there is absolutely nothing they can do (in a domestic setting). They are certainly not to be feared.

 

[Bob Morgan]

I've never seen the second, but the first simply serves to advise the public that HCEO's aren't that bright and just about anyone can run rings around them. I think they are fairly handy if you need to evict someone, but for debt collection if the debtor hides their car and locks their doors there is absolutely nothing they can do (in a domestic setting). They are certainly not to be feared.

I totally agree! As my dad would have said "NQB" (Not Quite Bright!)

 

[AllUpHere]

I totally agree! As my dad would have said "NQB" (Not Quite Bright!)

My Dad would be more likely to use ''big and stupid".

 

[Chris Ashdown]

It may be worth while checking your contracts with suppliers, it has been reported in the past that in the small print the directors are responsible for for the payment if the company fails to pay, (have a feeling it was something to do with builders supply companies) basically a hidden PG

 

[ethical PR]

It is unlikely that a bailiff will visit your home in pursuance of a company debt. They know that there is no point and that they would simply be wasting their time.

Chances are that they have already reported back to their office that the company has vacated its premises and that realistically no further action is possible. It is not the kind of company that has thousands of pounds worth of physical assets such as plant and machinery or stock.

Having said that, you never know. Sensible precautions as suggested above are a good idea for a few weeks until the heat dies down.

If anyone does turn up simply repeat the mantra "The company has ceased trading due to becoming insolvent and has no assets."

Unless they signed a personal guarantee.

 

[Lisa Thomas]

Your address will need to be named on the Writ.