Potential CCJ

HappilyNorth

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?

sourcrates

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.

ToxtethO'Grady

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.

HappilyNorth

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.

HappilyNorth

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.

National_Debtline

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
@natdebtline

HappilyNorth

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.