Bailiffs help please PCN

Coupon-mad

At the risk of repeating myself, I would go to bailiffadviceonline.

We often direct people there and they have a good reputation - Sheila will advise your brother and she knows her stuff. They can tell your brother what the bailiff can and cannot do and how he can deal with this to sort it out.

He will need to pay a tenner to get tailored advice but we understand it's the best site for bailiff advice. I am not connected to them in any way BTW! It should be a tenner well spent if it can get that bill down.

Tell him to resist paying the bailiff and to get help on that site.

TrickyWicky

As far as removing property from his mum, no they can't enter and take things from her home. They'd need to be able to prove the property inside is not hers but his. For a bailiff it isn't worth the agro.

As for the van, they'll try hammer and tongs to take it but the fact that it was registered elsewhere is grey territory however as said before, it he owned the business or the shares in it, then that makes him responsible. Not only has he wound up a company with outstanding dues but he's declared it and signed it off when winding up via companies house.

As for not paying you'd better warn him, there are worse consequences than one snotty bailiff. The council can clamp the vehicle on street when they spot it. At that point once the clamp is on they won't release it until it's settled. One of my former employers used to do this, when a persistent evader was found the van came straight around with the clamp and it was done within minutes.

robredz

As to the bailiff removing goods from or forcing entry to his mum's home, he will threaten cajole and say he can enter, bring locksmiths etc, cart her off to prison, anything to get her or anyone to pay the debt. He only wants his fees.

She could swear a Statutory Declaration at a local solicitors, as to ownership of goods on the premises, if the bailiff is presented with this, and a notarised copy sent to the bailiff firm and council, and they persist in harassing her, they are guilty of an offence imho

As per Coupon-mad, I reckon best place would be bailiffadviceonline or even chance their arm on the bailiff forum on CAG

Oopsadaisy

It's not 'grey territory'...the bailiff can't touch the van if it's no longer registered to the limited company.

Any issues wrt the dissolution of the ltdco etc are nothing to do with the bailiff.

The 'debts' of a ltd co are not the responsibility of the shareholder....that's where the 'Limited' bit comes from, as in 'liability is limited to the ltdco's assets'.

lovinituk

Just to be clear about the 'company' - was the original business and the new one limited companies? Or was/is the brother registered as a sole trader? If he was/is a sole trader then it doesn't matter what was/is the name of the business, he would be liable as the individual.

Im sure the OP is aware of this but just checking as the term 'company' is often used instead of business.

hallowitch

as Coupon-mad said bailiffadviceonline. is the best place to get a definite answer

did the bailiff leave a notice of seizure/distress listing the vehicle

TrickyWicky

Oopsadaisy wrote: »

The 'debts' of a ltd co are not the responsibility of the shareholder....that's where the 'Limited' bit comes from, as in 'liability is limited to the ltdco's assets'.

Depends what type (thre are many varieties of a Ltd company).

With some the shareholders can be held accountable but only to the value of their shares. If the business wasn't making money and was closed down but the owner had a couple of grands worth of shares then you're stuffed. Seeing as we still don't know what type of company it is, there is no point ruling this out for the op when it should still be taken into consideration as part of the strategy. The companies house website is a good source of further info.

@Op please remember that the van can still be clamped by the authority on public land so its best to get him to resolve this somehow.

Poppy9

Just to throw the cat amongst the pigeons, what if the OP is the Bailiff looking for advice on where he/she stands in this case?

If I was OP I wouldn't be looking for advice on something as serious as risking losing my work van on a public forum, I would get proper legal advice.