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

Bailiffs attended my home in relation to a high court writ

Resolved Question:

Bailiffs attended my home in relation to a high court writ against a limited company whose registered office is at my home and I am also a director. I was not at home and my partner dealt with them. They informed her that they would possess her car and enter my home and remove all my goods to satisfy the debt.
This frightened her and she felt embarrassed and vulnerable, consequently she paid the debt on her credit card
Are they able to do this, and as a director am I responsible for the company’s debt.
I understand that they hold the money for two weeks
How would I go about recovering her credit card payment.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
They take what is called waking possession, which means you can't dispose of the items until you show they do not belong to the debtor. So yes what they are saying is right, they could potently seize goods, although it's unlikely to happen.
So yes they can seize and you have to show they don't belong to the creditor. Sadly if she made payment you can't recover the funds. The bailiffs acted properly.
I am sorry if this is not the answer you want and certainly not the one I want to grow you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Am I responsible for the company's debt?

Expert:  Ash replied 1 year ago.
Personally no. Not unless there was a personal guarantee.
Does that help?
Alex
Customer: replied 1 year ago.

Yes Thanks

But why cant I recover the payment made by my partner who has nothing to do with the company, she paid just to get rid of them and to stop them removing goods from our home

Expert:  Ash replied 1 year ago.
Because she paid it. It's then a matter between her and the company sadly. You can't recover it from the bailiff. If you took it to court you would lose.
I am sorry.
Alex
Customer: replied 1 year ago.

Ok Thanks

Expert:  Ash replied 1 year ago.
If you wish I can outline the process but I fear your case will be dismissed.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already 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