HCEO at my door - LTD company with a 3k debt

[Leakie]

Hi Harry

I will stick up for Grumpy,

He has given some valued advice on this forum.

 

I have issues with Bailiffs or EA's as well.

He is only putting it across from his point of view,

I have been on this forum a few years now and you do not hear what you want all of the time,

 

Learn from what is being said, not just from one poster, and come to your own conclusion.

After all it is a Self Help Forum

please do not think this is a dig at you either.

 

 

Leakie

[ploddertom]

Harry. the thing is this site is not and never has been run by Bailiffs. The owner of the site does sit on a panel run by Marstons but they have no control over what happens here - if they did then I for one would be one of the first out the door.

[ploddertom]

I hope you have not been given false hope by apply for a Stay or a Variation Order as I think you will find as Ltd Co and having knowledge of the debt the Court will dismiss any application for these. You will either have to come to an arrangement or alternatively if the EA keeps missing you then the Writ will be returned, although your Creditor could employ another HCEO.

[Harry Palmer]

Hi Leakie

 

 

He has a ****ty attitude.. that said

 

 

He says The can seize a hired van...... absolutley wrong

He says they can take tools... wrong

 

 

Even worse is the site team or moderators have not corrected this.. Plodderton has stated why the they cant take tools and proved it.

Grumpy interprites it differently because he wants to..

 

 

I came on here to get accurate info to make decisions on... all I got was contradictions..

 

 

can I have your opinion Leakie?

 

 

And how about the site team?

 

 

Anyone else want to contradict Plodderton?

[Harry Palmer]

Hi Plodderton

 

 

I have no intension of fighting anything.... I am happy to come to an arrangement the business can maintain.. if not I will have to wind it up.. that simple. I personally don't care.. Its a lot of work for not much money lol

 

 

Trouble is when bailiffs get involved they always push it.. and Grumpy is a classic example.. can you imagine him attempting to seize a van with the hire companies name all over it?? I'm sure the police would allow it too..

 

 

They said creditor will only accept double what I had offered.. and first payment needed to be made immediately.. I told him I couldn't pay it till mid May because all overhead (and lads wages) due tomorrow.. He just said he would escalate it and add £500 to the debt..

 

 

Again I personally don't care... the offer remains its what the business can afford at the mo.. accounts are a matter of public record.. I have e-mailed the creditor anyway to advise them..

 

 

I'm that annoyed at the mo I would wind it up just so the bailiffs don't get paid lol... (not really)

[lookinforinfo]

Harry in the last year or so some new interpretations of the Taking Control of Goods Act have been used. For example it seems that a vehicle on hire or some lease may be taken if the hirer

paid a deposit for the vehicle which would cover the debt. There are doubts about this but it has been asserted by one Judge. If your van is rented and it is quite clear from the logo on the van, plus your paperwork, then that should be safe.

 

Your tools are normally covered up to a maximum of £1350 though it appears that you as a Company Director are not able to claim that dispensation. It would be a help if you had receipts for your tools since it would provide proof of the overall value plus you may have bought some before you were the Director of a company. I have to agree with Grumpy that most businesses

would have retained receipts for their purchases and if they are missing then that would raise doubts in the minds of bailiffs. And without that proof the tools are more likely to be taken if they can be found.

 

Grumpy was quite cute when he said that the HCEO could search your home for Company goods if they gained access to your home. What he didn't say was that you do not have to allow the bailiff inside in fact you should definitely not let him in.

 

Bailiffs are well used to people trying to pull the wool over their eyes so they tend to be more jaundiced in their comments than us non bailiff types. Goes with the job I suppose. Nevertheless

for the most part what he says is accurate and while you may not like what he says the fact is what he says is probably more up to date with current bailiff legislation than some other sites

and therefore worth heeding no matter how much you may disagree with the way he said it.

 

The other thing to note is that if you get up the HCEO's nose, it is more likely that he will go as close to the line as he can [ie clamping your car] than if you try and co operate with him.

[Leakie]

Hi Harry

I can not add to what Lookinforinfo has said.

 

With regards to the Ltd company, may be worth winding up if things are that bad,

you could always set up again, when you are in a better position,

But if you do get good professional advise first.

 

 

Leakie

[Leakie]

DB I have PM'd you

Sorry Harry for hijacking

 

Leakie

[GrumpyToSayTheLeast]

Good luck harry. I will bow out. Please let us know how you get on with the advice from the other sites if that is the way you choose to proceed.

[HCEOs]

Grumpy is correct in what he says.

 

It may be that you have to make a third party claim to the tools if the Enforcement Agent tries to 'take control' of them. There is considerable guidance on this available online and the Regulations themselves are pretty clear.

 

Ensure the HCEO has not added unwarranted fees, I am told that one rogue HCEO company are routinely adding circa £600 of 'exceptional costs' for a supposed application to sell be private treaty which is never submitted. If you details the fees here plenty will give you guidance on their lawfulness.

 

My own advice would be to liaise with he EA and try and agree a sensible payment arrangement based on the fact that their is little in the way of goods to seize and sell.