Potential CCJ
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HappilyNorth
Posts: 38 Forumite
I regretfully had to wind up my business at the back end of last year.
We had a couple of o/s debts which we couldn't afford to pay. We tried to negotiate a payment plan with both but to no avail. One of the creditors have been to the courts which has resulted in a court representative knocking at the door. The problem is they're knocking at my mothers door as that was our delivery address.
One of the representatives advised my 70 year old mother that if they wanted to they could enter her property and remove items to the value of the debt.
Are they allowed to do that or is it just scare tactics to get payment?
We had a couple of o/s debts which we couldn't afford to pay. We tried to negotiate a payment plan with both but to no avail. One of the creditors have been to the courts which has resulted in a court representative knocking at the door. The problem is they're knocking at my mothers door as that was our delivery address.
One of the representatives advised my 70 year old mother that if they wanted to they could enter her property and remove items to the value of the debt.
Are they allowed to do that or is it just scare tactics to get payment?
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Comments
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I think your referring to county court bailiffs, engaged after the creditor sort a CCJ against you, correct ?
If your business was registered at that address, then they can enter business premises forcibly if necessary, any goods taken would need receipts to prove ownership, if you don't have them, they can be taken.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
If it's a court order, either High Court or County Court, they can enter business premises forcibly - not usually an issue as business premises are usually open anyway. The difference is if it's mixed domestic/business use.
They cannot force entry to the domestic premises however they can force entry and remove goods to any adjacent properties such as garages, sheds, outhouses, or remove any vehicles on land around the premises.
The only way you will get them to stop coming to your mother's is if you update the court as to where you are, vulnerability does not come in to it as it's a business address.0 -
sourcrates wrote: »I think your referring to county court bailiffs, engaged after the creditor sort a CCJ against you, correct ?
Correct.
So they can only enter the business premises to remove stuff and not my mothers house?
FYI, the business was registered at my mothers address but the business premises were a Summer House on her land. Does this make a difference?
There hasn't been anything in the business premises since we wound the business up apart from a printer and some old office furniture.0 -
ToxtethO'Grady wrote: »If it's a court order, either High Court or County Court, they can enter business premises forcibly - not usually an issue as business premises are usually open anyway. The difference is if it's mixed domestic/business use.
They cannot force entry to the domestic premises however they can force entry and remove goods to any adjacent properties such as garages, sheds, outhouses, or remove any vehicles on land around the premises.
The only way you will get them to stop coming to your mother's is if you update the court as to where you are, vulnerability does not come in to it as it's a business address.
Ahhhh that's really good to know as it's worrying my mum and that's the last thing I need so now I have the above to hand I can contact them with confidence.
Bearing in mind they're from the court I'm surprised they haven't been to my place yet as I've been on the electoral roll for ages now.
Thanks.0 -
Hi HappilyNorth
Have you checked whether you are personally liable for this debt, given that a winding up order was made? You can get some specialist business debt advice on this from Business Debtline at www.businessdebtline.org.
It will also be worth asking them about the bailiff's powers. The information above is correct, in that a bailiff collecting a business debt at a business address can force entry. But they can't force entry at a residential address unless they have been inside previously. However if you are no longer trading you may be able to argue that your mother's address is no longer connected to the business.
You can apply to the court to ask them to stop the bailiff action and set up an affordable payment plan, but the process you need to follow will vary depending on whether the bailiff is acting on authorisation from the county court or high court. Business Debtline can also advise you further on this.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
My apologies, Susie. I was using the phrase "winding up" incorrectly and more as a figure of speech. I just stopped trading. The bailiff is acting on authorisation from the county court.0
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