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Being chased for a company debt
Jcr1988
Posts: 1 Newbie
In December 2013 my limited company ceased trading due to a long struggle and ever mounting debts etc. When we ceased trading we had no cash as used to pay off various collectors and no assets or worth. We had a few debts remaining and all creditors were made aware of the situation. The company is undergoing a proposal to strike off the company register. We were unable to pay for the liquidation due to no cash. Anyhow I recently arrived home to find a letter from a marston collector on my doorstep stating he had attended my personal property to collect goods. I returned his call to find him surprisingly helpful. He told me I needed to send a formal letter of claim staying all goods in the property were owned by myself or by my family, which is the case.
I spoke to my solicitor who advised me to write this Kettering and send myself which I did. I have now had a letter from marston stating they are re attending in a few days to collect goods. I am unsure whether they are ignoring my letter or the letters just crossed over.
Any advise on what I can do is appreciated. I will not be in on the day of their attendance anyhow. But need some advice.
I spoke to my solicitor who advised me to write this Kettering and send myself which I did. I have now had a letter from marston stating they are re attending in a few days to collect goods. I am unsure whether they are ignoring my letter or the letters just crossed over.
Any advise on what I can do is appreciated. I will not be in on the day of their attendance anyhow. But need some advice.
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Comments
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Did you sign any personal guarantees as director for anything ?0
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Write Marstons a letter withdrawing their implied right under Common Law to enter your property and that should they then do so, it would be considered a breach of law and the Police will be summoned.
Remember, Marston are a debt collection agency and their debt collectors who visit your door have no more right to demand money than I do.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
are marstons not also registered baliffsDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Yes, they are, and should not be pretending to act in that capacity unless they have a warrant to do so.are marstons not also registered baliffs
It sounds like there is some form of court order behind this. If the court order is against the company then the bailiff is correct that some form of declaration would be needed about ownership of goods. Usually they would want a statutory declaration witnessed by a magistrate or solicitor.
Have you actually shown the Marston paperwork to your solicitor?0
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