Creditor seeking payment enforement through county court

[Jackz]

Hi all I would appreciate it if anyone could advise me. I have started sending out letters to creditors (I am following the SpongeBob route to strike off) but I have just had a Judgement (after determination) from one creditor who obtained judgement in the county court against the company last year and the new Judgement varies the amount to pay back each month. I have sent the SB letter to this creditor but is there anything else I should/can do? I phoned the court and they said there is nothing which can stop enforcement action.

 

[Chris Ashdown]

I would imagine that prior to being struck off or a IP being appointed then there is little to stop a Bailiff or High Court Sheriff from trying to take goods to the value if you have any assets left

No idea if this is right or wrong just a wild guess, Spongbob would be the best person to ask or seek free legal advice from a lawyer

 

[Charlie B ACS]

Chris is right, until the company is either in some sort of Formal insolvency (Administration, Liquidation or CVA) or is struck off, they may continue to try to recover the sums owed.

 

[gogogone]

tho if the company has no assests or funds and no personal guarantee exists ie the defendant is listed as company not u personally then the baliffs are powerless as they can only try recover company assests they also cannot enter your home without permission so if they come knocking at your home be polite but firm and refuse them entry if they won't leave inform the police as they have no legal powers to be on your home premesis unless u invite them which of course you aren't going to do

you are not liable for companies debts and as such have nothing to worry about any professional baliff will know the law and no company assests = no recoverable monies aslong as u are polite but firm and work with them not being a smart arse then no need to worry about it they can then go to close company down which is what u want anyhow or once CH strike it off debts go aswell so either way the outcome is what your after anyhow just a slightly more annoying way to go than a str8 forward CH strike off

 

[Chris Ashdown]

The powers of a high court sheriff are much higher than a baliff and they do have the power to break in and claim any company assets which you must prove are not company owned

Did you trade from home or a place away from home and what was the registered office

Cease trading does not mean there are no assets just you are insolvent

 

[gogogone]

yeah but they still legally cannot break into your home or take goods which are not companies if that make sense

altho might get murky if the business registered address is also a home address