How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

A Bailiff has obtained a Writ of Control against a company

Resolved Question:

A Bailiff has obtained a Writ of Control against a company that shares it's registered office with another company that trades from the same address of which I am a director.
1) What right does he have to remove goods from the address - we have explained to him that none of the property there belongs to the company on the writ.
2)Does a writ have to include the correct address from which property can be removed i.e. in this case a trading address rather than a registered office?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you have evidence as to your own assets?
Customer: replied 2 years ago.

Yes we do...

Expert:  Ash replied 2 years ago.
1) If you can show ownership, they can't take goods.
2) The writ does not have to include the correct address.
In short the bailiff can only take what is owed by the debtor, nothing else.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Yes please Alex - the Bailiff is saying that he can take what he wants in my absence if necessary and it's up to me to prove ownership after - if that is correct, what law allows this please??

Expert:  Ash replied 2 years ago.
They can't be unreasonable. The HCEO can force entry to commercial premises to levy on a first visit or any subsequent visit to remove goods providing the property is not physically attached to, and form any part of, a residential dwelling. Before forcing entry, the HCEO should have a genuine reason to believe that goods of the defendant are inside. They should check whether the property is rented, contacting the landlord if necessary.
But you can show proof before they come and then if they take things AFTER can sue for that cost.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Hello, I already rated you excellent!