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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have paid a High Court Enforcement Officer CCJ against

Customer Question

I have paid a High Court Enforcement Officer for a CCJ against my Limited Company which no longer has any assets or money. This was my own money not the Companies. I was told that this money would be held for 14 days before being transferred to the claimant. How do I stop this from happening?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When you say this was not my own money what do you mean?
Customer: replied 1 year ago.
This WAS my own (personal) money. The Limited Company is no longer trading so there is no cash flow, deposits or assts. The assets which belonged to the Company were transferred to myself when we stopped trading.
Expert:  Ash replied 1 year ago.
Own money in cash or in bank?
Customer: replied 1 year ago.
Cash.
Customer: replied 1 year ago.
I paid this money because the Officer was threatening to take equipment from my new business. When I objected and said it did not belong to my old business he said it did not matter "unless I could prove it". That cannot be right surely?
Customer: replied 1 year ago.
Hello, is there anything actually going on. Is it normal to take ! hour & 40 minutes for 2 questions?
Expert:  Ash replied 1 year ago.
I dont get you - there was cash at your house and it was seized?
Customer: replied 1 year ago.
No. I was being told that "goods & equipment" would be taken from my current business (even though this is not the legal entity that the CCJ is against) I was told this would happen regardless but if I paid them (card or cash) then it is held for 14 days in an escrow account. This would then allow me some time to be able to take some advice regards ***** ***** money being distributed. I would really like to know if this is a possibility or have I been had?
Expert:  Ash replied 1 year ago.
The CCJ can only have assets taken from that business. If the business does not exist then bailiffs can't take anything. If they do or threaten to do so then you can apply to the court to stop them.
You would need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And make an application to stop them. If there are assets belonging to the company they can be taken, but otherwise they can't.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks,I am in the process of winding up the business, having paid all my creditors and any VAT due. The assets were transferred from it to me and I will be requesting for it to be struck off at Companies House in due course. As there is nothing (cash or otherwise) left in the Business I presume the above still applies?
Expert:  Ash replied 1 year ago.
It does yes.
Does that help?
Alex
Customer: replied 1 year ago.
It does. Thanks very much.
Regards,
Steve
Expert:  Ash replied 1 year ago.
Great, happy to help Steve

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