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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice
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HI XXXXX A BAILIFF VISIT MY HOME ADDRESS RELATING TO

Customer Question

HI XXXXX A BAILIFF VISIT MY HOME ADDRESS RELATING TO A DEBT FOR A LTD COMPANY (CURRENTLY DORMANT) REGISTERED ELSEWERE
ALL ITEMS WITHIN MY PROPERTY BELONG TO PRIVATE INDIVIDUALS AND THERE ARE NO
ASSETS OF THE LTD COMPANY (iT DOESNT HAVE ANY ANYWAY) AT MY HOME ADDRESS
THE DEBT RELATES TO UNPAID COUNCIL TAX
CAN YOU PLEASE HELP
THANK - CHRIS
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Do you mean rates? Limited companies don't normally pay council tax?
Customer: replied 3 years ago.

sorry yes it is business rates

Expert:  Jo C. replied 3 years ago.
thanks.

Do they accept there are no assets there?
Customer: replied 3 years ago.

no


 


he seems to think there are assets here but the company didnt have any anyway and there is nothing belonging to the ltd company at my home address


 


i said i was willing to swear an avidavit to that effect if needed

Expert:  Jo C. replied 3 years ago.
Ok.

Did you let him in?
Customer: replied 3 years ago.

no


 


he posted a notice through my letterbox whilst i was out


 


i then rang him to explain the situation and he wasnt interested and said he would be coming back to my home address in the morning


 


would an avidavit help ?


 


 

Expert:  Jo C. replied 3 years ago.
No, not really.

Obviously the bailiff is always going to believe you are liable. There's no way around that.

However, if the debts are those of a limited company then you are not the liable person unless he is arguing fraud and to rely on that he would need to have an order against you which I presume he does not.

His argument though will be that he is pursuing the company's assets and if you were the director then they might reasonably be under your control.

You have two options. The first is to pay them off in full and sue for the cost. That does have the advantage of being relatively safe from future bailiff intervention but the disadvantage of being expensive.

The second is to seek a stay of their warrant using the N244 forms. Obviously you will not get the warrant stayed against the company but you might stop them attending your address.

I suppose you do have a further option and that is to do nothing until they attend and do something unlawful when you would have a claim in compensation.

In fairness, all that has happened is that he put a note through your door. He hasn't taken any unlawful steps or threatened that he will and it might all disappear into nothing if you explain to him.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

HI


 


THANKS FOR THAT BUT COULD YOU ALSO HELP ME WITH THE ROUGH DRAFT OF A LETTER EXPLAINING THE POSITION SO THAT I


COULD GIVE / SEND TO HIM IF HE CALLS AGAIN


 


I LOOK FORWARD TO HEARING FROM YOU


 


THANKS - CHRIS

Expert:  Jo C. replied 3 years ago.
Yes, but you can phone him first which is what I would do.

I have a policy of calling people like this first and then following up in writing. The phone call makes things speedy and the written confirmation evidences what was discussed.

All you need to do is write to him saying that the debt is against the company and the company is defunct. You need to include details of that. Also make clear the company had no assets and explain why. You might need to evidence that. Its a rare limited company that owns literally nothing at all.