surprising debt from ltd history

daattew

Hi all,

First time here so be nice please.

so about a year ago i came out of running a pub which i had a ltd company set up for i had as far as i knew covered all the debts and the company as far as i am away had been wound up by now.

i arrived home today to a letter through my door at a new address recently being added to the electoral register stating that i owed £2081 and that an high court enforcement officer had been round to seize assets.

the debt was from a company i had to empty the bins and had paid 3 month upfront when signing with them 2 month before leaving, as it was a minimum 3 month contract. when i left a made sure they were aware i wouldn't be continuing and advised that there were new tenants.

so to recap never heard of the debt not sure why i have the debt the letter is addressed to the ltd company and the ltd company was registered elsewhere.

can they take anything from me?
what can i do to make this go away?
i cant get in touch with the bin company yet as they are closed over the weekend but what should i do if HCEO comes back tomorrow and try's to take my car?

chanz4

they cant if you were limited

weebit

I don't know if the rules are the same for a limited company, but for a personal debt, they can't take anything unless you acknowledge the debt. If they come round again, just say you don't have any knowledge of this debt and you will be disputing it.

Then, contact the bin company and try to establish the facts. it might be that either the account wasn't closed and they continued to collect the bins using the account in your name, or the people running the pub have run up this bill and after a debt collector got involved, linked you to the account and are chasing you for the debt instead of them.

chanz4

weebit wrote: »

I don't know if the rules are the same for a limited company, but for a personal debt, they can't take anything unless you acknowledge the debt. If they come round again, just say you don't have any knowledge of this debt and you will be disputing it.

Then, contact the bin company and try to establish the facts. it might be that either the account wasn't closed and they continued to collect the bins using the account in your name, or the people running the pub have run up this bill and after a debt collector got involved, linked you to the account and are chasing you for the debt instead of them.

high court is different, op if it was a debt of a limited company they cant come after you. BUT YOU NEED TO QUICKLY GET IT SET ASIDE if your name is on it.

Prothet_of_Doom

What does ltd mean ?

bilko89

Prothet_of_Doom wrote: »

What does ltd mean ?

Limited, as in a Limited Company.

Prothet_of_Doom

bilko89 wrote: »

Limited, as in a Limited Company.

As in LIMITED Liability, as in the Debts belong to the company, not the shareholders.

National_Debtline

Hello there,

If you have not signed a personal guarantee, it is unliekly that you would be personally liable for the debt. As the others have mentioned, it appears that there is a county court judgment which seems to be registered in your name. if there is, you may be able to have the judgment 'set aside'. The following is taken from our 'Setting aside a county court judgment' fact sheet:

When will the court agree to set aside a judgment?


The county court rules set out when you can apply to set aside a judgment. For example:

• an order was made against you in your absence, in certain circumstances;
• there may be an error in the judgment;
• you want to put in a defence and did not have the opportunity to do this;
• the proceedings did not follow the court rules.

You can read more about the process via the fact sheet: https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

You *may* need legal advice, also please bear in mind that there are generally short time limits in which a court may accept a set aside application - so please move quickly. Please also consider that you may need to apply to put a hold on the High Court Enforcement Officer; this is known as a 'stay'.

We also have a fact sheet outlining the processes used in High Court enforcement, you can find it here:

https://www.nationaldebtline.org/EW/factsheets/Pages/31%20EW%20High%20Court%20enforcement/Default.aspx

Best wishes,

David @ NDL.