Enterprise Inns

[PaulineGevaux]

OK guys

 

Not at all sure I have posted this in the correct forum, but here goes.

 

I was running a Enterprise Inn pub up to March 2014.

 

I was suppose to leave at the end of May 2014, but I was losing so much money I just packed up and left (I know I should not have done that).

 

All the way along Enterprise have been unhelpful, demanding and even sent in the debt collectors when we were living at the pub,

so that I had to borrow money to pay them.

 

My husband and I moved back to our home, and

 

now Enterprise are after us for a substantial amount.

 

In the meantime, I have been left unemployed, my husband had a heart attack and has just had a quadruple bypass and will probably now take early retirement.

 

I am worried that:

 

1. They will for a CCJ and put a charge on the house (can I transfer this into my daughters name to prevent this? Even if we continued to pay the mortgage)?

 

She is 26 and has no debts.

 

Also if it is in her name, can they come in and take stuff?

 

2. Will they be able to see if we have any savings, as we will be getting a lump sum for his pension that I do not want them to get.

 

3. Can they take my car which is on HP?

 

4. I need legal help, any ideas?

 

I feel as if I am having a breakdown here....

[Crocdoc]

You cannot transfer an asset to avoid payment of debt,

 

a car that is subject to an HP agreement is not you property until full payment has been made and therefore cannot be considered as an asset.

 

The company will not have access to your pension payment unless they go through court and then seek bank account arrestment.

 

I would suggest that you seek FREE advice in order that your situation can be looked at in entire detail as a great deal is dependent on the level of liability.

[PaulineGevaux]

Can I not transfer the house, before a court claim in made (just in case that's the road it goes down)???

[rebel11]

Hi Pauline

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Firstly don't panic, that's a waste of energy. Enterprise Inns are renowned for their business model, it works in their favour.

 

http://blogs.mirror.co.uk/investigations/2010/10/enterprise-inns.html

 

Was the pub profitable before you took it over?

[PaulineGevaux]

Thank you Rebel 11, I am frantic

[PaulineGevaux]

No it was not, it had been in decline for quite a while.

[PaulineGevaux]

They want £7454.86 EIP Commercial Debt (they have £6269.26) deposit.

 

They want £21028.00 delapidations (which were there before I took over in June 2013.

It was also agreed when I took over that they would do certain internal decorations, which they never did).

 

They want £12500.00 Loss of rent damages.

 

They want £1906.00 Loss of trade damages (my trade not theres surely)

 

They want £123.26 interest on commercial debt.

 

They want £1600.00 other missing fixtures and fittings (I took nothing except what I had purchased myself,

and in fact after I left they employed a Polish cleaning company that cleaned the place out literally)!

The new landlord told me that.

 

They want buying out of tie fee £7627.50...

 

They want lock change recharge (I gave them all the keys)

 

They want gas re-connection charge of £375.00 (don't know anything about this). In total they want £46540.88.....

 

What am I going to do....

[rebel11]

Hi Pauline

 

I've flagged this up for you.

 

Here's some information:- http://www.picaservice.com/

 

http://www.beerandpub.com/links

[rebel11]

Hi Pauline

 

What sort of lease did you have?

[steampowered]

They will for a CCJ and put a charge on the house (can I transfer this into my daughters name to prevent this? Even if we continued to pay the mortgage)? She is 26 and has no debts.

You would normally need the consent of the mortgage company to transfer a mortgaged property. To do this she might need to undertake the mortgage in her own name, so would need to meet income criteria etc.

Transactions designed to defraud creditors can be unwound by the court. If you are made bankrupt, the bankruptcy trustee can also apply to court for an order to reverse 'transactions at an undervalue'. The bottom line is that moving assets around makes things more difficult/expensive for the creditor but ultimately does not protect them if the creditor is determined (and their legal costs of dealing with avoidance action will be added to the debt).

 

Also if it is in her name, can they come in and take stuff?

No, bailiffs can't take her stuff as she does not owe any debt.

 

2. Will they be able to see if we have any savings, as we will be getting a lump sum for his pension that I do not want them to get.

They wouldn't see money coming into your bank account. Worst case scenario is that they get a CCJ and then try to get an order that you attend court for questioning about your assets.

 

3. Can they take my car which is on HP?

No, car on HP belongs to the finance company.

 

4. I need legal help, any ideas?

Try going down to the CAB. Also feel free to ask questions on CAG where you will get excellent help. Also approach https://www.nationaldebtline.org.

The immediate course of action is to write back to them and dispute amounts which you are felt are not owed. Also inform them of your financial situation. At the end of the day they can't get what you don't have.

By the way, do you have a lot of equity?

 

I feel as if I am having a breakdown here....

Don't panic, you'll work it out. There are many people who end up with debts they cannot afford for all sorts of different reasons.

See above

[PaulineGevaux]

Hi I had a five year Tenancy. Which I started in June 2013, but my husband got sick and I could not cope with all the debt so I handed my notice in.

 

I should have stayed until 31 May but things got so bad I had to leave.

 

I had the business as a Ltd Company which I have now put into liquidation, but they are coming after me and my husband (who I don't believe was part of the business except being a silent partner, personally).

[PaulineGevaux]

With regard to the equity. We owe about £175K on a £250 house (we had to take out £35K on the mortgage to fund the business).

[steampowered]

Did you and/or your husband sign a personal guarantee?

[PaulineGevaux]

I am not sure I will have to look and get back to you.

[sarsuma]

I am not sure I will have to look and get back to you.

 

I am also being chased by enterprise under the same circumstances as you for £43000 of made up debt ,

 

I cannot believe they can do this to people,

 

they promised the earth,

 

gave nothing & now want to take everything,

 

I have not heard from them for 4 months though I am certain they haven't forgot about me,

 

I was made bankrupt in March however because we had a joint tenancy agreement

 

the debt now passes on to my husband & we are now having to face the fact that he will have to declare himself bankrupt to crush this debt.

 

I hope you can get some good advice on here ,

 

they seem a good helpful bunch, best of luck & don't give in to enterprise!

[rebel11]

Do Enterprise Inns actually want people to succeed? Does make you wonder.

 

http://www.thisismoney.co.uk/money/news/article-2651618/New-rules-cut-cost-pint-60p-say-backers-critics-fear-500-pubs-close.html

 

https://www.facebook.com/AgainstEnterpriseInns?filter=2

 

http://pubaliciouspubs.wordpress.com/2013/06/14/my-name-is-angelique-this-is-my-story/

[PaulineGevaux]

Guys

 

I really do need help here, I can't find any document that states we signed a personal guarantee. However thats not to say that we didn't. I can't remember.

 

I contacted the people from the link above, but they have not even got back to me.

 

I am desperate. I feel like topping myself...

[steampowered]

If you are having suicidal thoughts speak to the Samaritans. Debt problems are always stressful but you will work through them, as do millions of other people in a similar position.

 

To make this more manageable I think you have to break down the issues into chunks.

 

The first issue is to check on liability. If this was done through a company, the starting position is that only the company is liable and not the shareholders (i.e. you). Realistically, it is very likely either a separate guarantee - or just a clause in the original contract you signed - which says you are liable for the company's debt. Don't get too carried away with this one but it is worth checking.

 

The second issue is to work out how much you can realistically afford. It sounds like that amount might not be very much. If this is the case, then I think you have to go forward and tell them about your financial position. You won't be the first or last person they encounter who can't afford to pay them. I imagine they would be prepared to agree to a repayment plan, possibly secured by a charging order against the house. Speak to nationaldebtline to get a more qualified view on this.

 

The third issue is to work out how much you can contest. This one would require going through the amounts they are claiming in detail to check whether they are entitled to claim for it under your contract. This will require careful attention to detail to what is written in your contract. This is where a lawyer would really add value, but I don't think there is any harm in writing back to them politely setting out why you do not agree to the amounts they have claimed (structure it with a separate paragraph for each disputed amount, clearly explaining why you think the amount is disputed).

[rebel11]

They want £7454.86 EIP Commercial Debt - they have £6269.26 deposit.

They want £21028.00 delapidations - have you got pictures before you took it over.

They want £12500.00 Loss of rent damages - ?

They want £1906.00 Loss of trade damages - my trade not there's surely.

They want £123.26 interest on commercial debt - ?

They want £1600.00 other missing fixtures and fittings - this seems to be common - as exampled in link.

They want buying out of tie fee £7627.50 - ?

They want lock change recharge - I gave them all the keys.

They want gas re-connection charge of £375.00 - don't know about this.

 

In total they want £46541 = £15737 (I'm not saying this is the correct figure, but it seems like it's a standard formula regardless of the facts).

[caro]

Exactly what steps have they taken so far to claim this money from you?

 

 

You and your husband could both send Enterprise a SAR which will cost you £10 each, and that should get you all the information they have on both of you, and if there is some kind of personal guarantee, that should be included in what they send you.

 

 

Try not to get too worked up about this and just work through it a step at a time. They can't have what you haven't got!!

[citizenB]

wright2607, your messages have been removed - CAG does not encourage off forum contact.

[stu007]

Hi J Mark Dodds

 

I am afraid I have to unapproved your post at present

 

Could you please contact our Admin with your request admin@consumeractiongroup.co.uk (no spaces)

[J Mark Dodds]

Will do... Tired should be in bed now of course!

[citizenB]

A message has been emailed and private messaged to wright2607. We are more than happy to have you help victims of this company, but it must be done openly on the forums - we find this is the most effective way of fighting oppressive companies.