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innertemple

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About innertemple

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  1. Hi again, what is the typical turnaround/timeframe for an hceo to apply to the court to force entry? many thanks
  2. I have rung the creditor, SE Water today and told them of my intention next week. Should i still make an n244/245 application? or is it unnecessary?
  3. i'm looking at applying to the court tomorrow to stay etc the warrant. I am looking hopefully at filing for bankruptcy on 27th March this month. I am unemployed, do not own a car and live with my partner and three kids in a housing association property. The debt is approx £1800 for unpaid water bill. How likely is it that an application to force entry would be successful? I cant myself understand how anyone could make that sound reasonable, although I have found none of my creditors to act in any way reasonably. Also, out of interest it is worded in respect of forcing entry after a successful application that the person refusing/ignoring requests to enter 'has to be in the property'. if that is right, if I am outside the property, he cant force entry? In any event, in respect of my planned bankruptcy, should i make a n244 or n245 application? as i am unsure thanks
  4. Well i have got to concentrate on getting the rest of my bankruptcy fees together, so guess its a good incentive to not have to deal with these thugs. Its just tough getting that kind of money with 3 kids and my missus to support. Nothing like a good dose of debt to make you feel worthless. When i told him I wouldn't let anyone in, he said 'that's your choice'. And there I was thinking we weren't free to make 'choices' here in the uk anymore If he comes back ill be surprised if he's alone.
  5. 'they could now apply to court to let us in' is exactly what he said, then went on to say that i would be arrested if i tried stopping them from then entering Is this still the case? - A bailiff cannot force entry unless he has permission of the court. Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The bailiff must carry it with him and show it on demand, Paragraph 26(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If you have been handed a "locksmith" flyer then make the bailiff produce evidence of that authority. A Paragraph 15 warrant of entry has only been applied in law in connection with unpaid criminal court fines. Rule 10© of the Criminal Procedure (Amendment) Rules 2015. It does not apply to any other kind of debt.
  6. Out of interest, why would you be surprised if one was issued here? I would have thought for a bill debt such that it is and the fact it is social housing that it would not be 'reasonable', not sure how the rules above are meant to be interpreted as they seem dangerously vague and open to misuse
  7. Okay thanks. It seems that the hceo writ holder probably will not be aware or care about the agents behaviour as they seem to have thumbs in many pies. The business is named after the street the gym he owns is in. Obviously doesn't have enough money and needed to 'enterprise' lol. Thanks for the info, after I have gone through the forms ill get onto it. Many thanks again
  8. Yes the agent is certified. A Certificated Enforcement Agent (Bailiff). Self employed. So the HCEO is handing writs out to minions. Should I give the HCEO notice of the agents behaviour first then?
  9. South East Water Bill. It is a couple of years old and will form part of my bankruptcy so i have a fresh start, it has grown i the meantime to the £1800 outstanding.
  10. The reps name was Smith. A chubby man, he stood in a police style uniform, wearing a short sleeved shirt two sizes too small for him and played with his arm tattoos while trying to tell me how much he was helping me.
  11. My missus recorded the enforcement officer at the door as he lied about the powers they had, could get and how they could force entry and I would be arrested if I refused and obstructed their entry. Is it worth complaining? and if so should i send a video?
  12. It was an enforcement officer acting on behalf of HCEO Simon Williamson at Court enforcement services ltd. I looked him up on the register and it had Simon Williamson registered as the business name 'Millibank Group'.
  13. Hi, thank you for clarifying that for me, I found the changes a little confusing. Thanks for the link, I have downloaded the form. Do you think it is worth me contacting them to see if they would make me bankrupt, or will it make little or no difference to their decision? Thanks again
  14. I had a visit from a HCEO today in relation to a high court writ for unpaid water bill totalling £1800. After explaining I was attempting to sort finances in order to apply for bankruptcy and that I had no other money or assets, he said if he could enter the house and see that i did not have enough goods to enable the debt and charges to be paid, he would report that back to the creditor and they would be unlikely to attempt to control the goods for sale. I was cagey about this to say the least. I said i was unwilling to let him in for obvious reasons. He said that if he was not allowed in and I made no payment then the creditor can then make an application to the court to allow them/him entry to seize goods. I asked how that was possible as this was residential. He said they would apply against 'me' and they would be allowed to gain entry forcibly. I said that I would not allow them entry, to which he said i would be arrested for obstruction. I have never allowed anyone in the house and today i spoke to him on my doorstep with the door closed. I am running around at the moment trying to get family to lend me what i need left to apply for bankruptcy, but he was deliberately trying to scare me and made me think he could get a court order and gain entry by force. Please help, I am confused by the changes in the law last year. thanks in advance
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