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Rossendales, N Lincs NDR

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  • Rossendales, N Lincs NDR

    Hello
    I have an issue with N Lincs Council and Rossendales re. non domestic rates.
    History-
    In Sept 2011 I registered a Limited Company and started trading out of an industrial unit ( also the registered address ).
    The Limited company traded as a courier service and had no assets, it's vehicles where hired and I used my own laptop.
    No personal guarantees where given and in June 2012 the company ceased to trade. I vacated the premises, but left the registered office at that address.
    Companies House have tried to strike it off, but I believe HMRC have objected.
    On 19/07/2014 I received a letter from Rossendales addressed to the Limited Company c/o of myself at my home address -
    Notice of Enforcement
    It was a notice dated 16/07/14, stating that there was a liability order granted for £6629.72 on 24/10/2012 payment by 01/08/2014. With the usual threats to seize belongings if not paid by that date.
    On the 21/07/14 I sent a form DS01 to Companies House to dissolve the company.
    On 21/07/14 I obtained a copy of the liability order from N Lincs Council and informed them of the above facts and that I that should not send a bailiff to my home address as there are no assets - they stated that the bailiff will carry out enforcement.
    On 21/07/14 I informed Rossendales of the above information, they stated that enforcement would be carried out.

    I have no concerns at all if the bailiffs attend whilst I am at home and they will be sent away with appropriate advice, the thing that does concern me is that if they attend whilst I am out - bearing in mind the very hot weather we have and that my wife and family have doors and window open to keep them cool - and the bailiffs manage to gain access what are my options for removing them and any distraints they think they might have.

    Thanking you all in anticipation of some good ( previous experienced ) advice.
    Tags: None

  • #2
    Re: Rossendales, N Lincs NDR

    It would be a good starting point to write to the CEO of your council, asking him/her why you are being pursued for this debt at your home. After all, you were merely a director of the company concerned. You should outline the current status of the company. You could demand that enforcement action directed at you personally be suspended immediately.

    This letter need not be in the form of a formal complaint but Rossendales should be copied in on it.

    Your problem with a bailiff visit will arise if they can get hold of a vehicle, they are not overly bothered about entering into properties these days.

    Comment


    • #3
      Re: Rossendales, N Lincs NDR

      I would add that unless they can prove company assets are held at your home address, carrying on with enforcement at your home address would be potentially unlawful. The debt is against the limited company, not yourself. Seizing a private motor vehicle for a debt incurred by a body corporate would IMHO be unlawful and bring both Rossendales and NELC into conflict with the law.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Rossendales, N Lincs NDR

        Agree with all the above. They could only lawfully enter your property peacefully if they believe there is property belonging to the company there.

        I'd copy the letter to the CEO and the Head of Revenues in case the CEO passes it to them anyway.

        It's also worth noting EA's can no longer climb through windows to gain entry, though they can walk through an open or unlocked door, so may be worth keeping those shut and locked until this blows over.

        Comment


        • #5
          Re: Rossendales, N Lincs NDR

          Originally posted by Wombats View Post
          Agree with all the above. They could only lawfully enter your property peacefully if they believe there is property belonging to the company there.

          I'd copy the letter to the CEO and the Head of Revenues in case the CEO passes it to them anyway.

          It's also worth noting EA's can no longer climb through windows to gain entry, though they can walk through an open or unlocked door, so may be worth keeping those shut and locked until this blows over.
          In practice, belief alone is not enough. They would have to have something more substantial than mere belief, e.g. a neighbour seeing an office photocopier being taken into the house.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Rossendales, N Lincs NDR

            Sorry about the delay in replying to everyone's advice.
            Just to update you all I have instructed my solicitors to write to both the council and the bailiffs, I will update you all as soon as I get a reply.

            Many, many thanks.

            Comment


            • #7
              Re: Rossendales, N Lincs NDR

              Hi. Nelc are my council as well and i know there systems inside out. They will mwss your solisitor about in a paperwork excersise.. did you know its a solisitor that runs our council. And not joling. A failed legal officer...

              Do you owe the nndr or is it all for the period after you left
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Re: Rossendales, N Lincs NDR

                It is actually North Lincs Council, but they are messing about in their reply, stating that ' the bailiffs will be conducting a search of my home'. As you can guess they will not be welcome!
                Rossendales , as of today's date, have not replied to my solicitor.

                Comment


                • #9
                  Re: Rossendales, N Lincs NDR

                  Originally posted by baldysod View Post
                  It is actually North Lincs Council, but they are messing about in their reply, stating that ' the bailiffs will be conducting a search of my home'. As you can guess they will not be welcome!
                  Rossendales , as of today's date, have not replied to my solicitor.
                  In their dreams. Ask them what legislation they are quoting that gem from. Penny to a pound they'll either come out with total stercus bovi or will avoid giving you any answer whatsoever. That, in itself, can be very telling.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #10
                    Re: Rossendales, N Lincs NDR

                    Originally posted by baldysod View Post
                    It is actually North Lincs Council, but they are messing about in their reply, stating that ' the bailiffs will be conducting a search of my home'. As you can guess they will not be welcome!
                    Rossendales , as of today's date, have not replied to my solicitor.
                    Only if you let the munters in, and you are not going to do that .

                    Comment

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