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Insolvent company registered at my address

2 replies

Tessaraqt · 04/02/2020 13:37

Trying to keep it brief.

ExH moved out two years ago, due to DV. I have paperwork from SS, police etc. He very clearly doesn't live here. HOWEVER, he had a LTD company registered here from when he did live here, and he never changed the company address. He's a builder, so didn't need a "base" as such. I never really fought this before because I walk on eggshells around him, and it was only a case of occasionally passing on letters to him.

He's now received a court judgement saying he owes a creditor £45K. His company has assets of under 1K, and has been struggling for years. He probably owes far more than that to other creditors. AFAIK he can't afford to get an insolvency practitioner or any legal advice, and more so than that, he doesn't intend to. His POV is "im a ltd company. They can't get money I don't have. I've stopped trading now and will start a new LTD company, screw then" (can you see why he's an ex?!)

SO - what I want to know is, the ltd company is at my address, where I live alone with my small kids! I'm terrified of a bailiff turning up. Is there anything I can do to change this? ExH doesn't have a fixed address I can use, and I'd feel too bad telling bailiffs his parents address. Will bailiffs come to the house and try and take stuff?

Also - is he right in doing nothing?! He can't afford to wind his company up etc, so he says the creditor can pay another £1.8K to wind it up, but will still get bugger all back, so he doesn't care. But despite hours of googling I'm still not sure if he is right about this or what possible comeback there is on my home (it's rented, if that helps. We never owned).

Any advice?!

OP posts:
prh47bridge · 04/02/2020 14:06

I'm assuming you are not a shareholder or director of you ex's company.

You can apply to Companies House to have the registered office changed. You need to complete form RP07. You do not have to give a new address - you are simply disputing the current registered office address. Companies House will give him time to change the registered office address or object to your application. If he ignores that they will use a default address (a PO box at Companies House).

Unless he has done something that leads to him being disqualified as a director there is nothing to stop him starting a new company provided its name is not similar to his current company.

If the debts are company debts bailiffs can only take goods belonging to the company. Unless he has guaranteed his company's debts he is not personally liable. If he has guaranteed the debts or if they are in his name he is liable. Either way, you are definitely not liable.

Tessaraqt · 04/02/2020 16:55

Thanks @prh47bridge. That's reassuring. Nope, I'm nothing to do with exH's company at all, have no connection to it, except for living at the registered company address. Will fill that form in now - thank you. He won't oppose it etc, now he knows the company has to close he doesn't care if it won't have a registered office I think.

He definitely isn't personally liable - the creditor tried to get the name of the defendant changed to him personally (instead of his LTD company), as they knew the company had no assets, and the court refused to change the name of the defendant and said the contract was with the LTD company.

I was just worried that HCEO have dodgy tactics for trying to get any money they can, and would try and get things from my home address. It's reassuring to know they can't.

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