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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, I have a ltd company that is soon to be stuck off but I

Resolved Question:

Hi, I have a ltd company that is soon to be stuck off but I have had the bailiffs round wanting to seize my car as there is debt of nearly £10,000 on the company. The car is in my name and not a company asset. Do I have the legal right to shoo him off my property (I live in rented) Also I'm lead to believe that they can't break into my property Is this true. Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I note the car is in your name. Was the car financed from your own personal money or using company funds please?

Customer: The money was saved up and not financed also borrowed some cash of my brother as well.
Joshua :

thank you. About basis, your understanding is quite correct that creditors of your company have no claim against your car nor for that matter against any other assets which are in your name and were financed by you. As you will be aware, a limited company has a distinct legal person in law and company debts are not the same as your debts unless fraudulent or unlawful dealing can be proven on your part - unlawfully taking company funds to deprive creditors knowing your company was insolvent

Joshua :

Bailiffs cannot break into your property there are a few open the door to them, they can force their way in. If this is any property that belongs to you as opposed to your company, you can apply to the court with a statutory declaration of ownership to recover those assets

Joshua :

is there anything above I can clarify for you?

Joshua :

Has the above answered your questions satisfactorily?

Customer: Thank you. The bailiffs are due back at 3 pm. I will let you know how they are going to proceed again. Thanks.
Joshua :

You may wish to locate any documents that prove the car belongs to you such as a purchase invoice if the car is their target in the meantime. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: Hi. Will leave a feedback shortly ok. Still waiting for the bailffs to turn up. They were supposed to be here for 3 0 clock. Not turned up as yet. Thanks.
Joshua :

No problem at all.

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