Looneyfitter
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Everything posted by Looneyfitter
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Hi thanks for the reply. I sent them the email and quoted about the ICO. They have replied saying I haven't payed the fee. Even though I paid directly to there bank and stated on the SAR that the payment should only be used for the SAR etc. being messed about big time
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Still no further with this . The SAR is now 2 weeks overdue and I've had no response. What should I do? Thanks
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Thanks HCEO. How are we supposed to get a complete breakdown of fees without going down the detailed Assesment route then? Worried now that the Assesment may cost a fortune no own situation
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Sorry I also meant to ask, will the SAR definitely show all the fees charged and for what visits etc? Many Thanks
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Hi WD thanks for the lengthy response, you have cleared things up a lot for me. The HCEO has 10 more days to return the SAR back to me then I'm hoping to see what has been charged and why etc. With regards to the vehicles they were still in my name as I thought this was the correct thing to do as I would be taxing them etc. How would I have transferred them over legally as assets? I didn't realise that there was an official way to do this.. I have sent the HCEO this email. Dear Sir/Madam. I have recently sought Legal Advice. I Have been advised to inform you that some actions your HCEO has carried out are not lawful. I advised the HCEO verbally that the vehicles he has levied on do not belong to me, yet they have still been levied on and charges applied. I informed him that the vehicles belong to my Ltd company and not me personally. I have proof to show this. The vehicles may well have been in my name however, this is to show that I am "responsible for registering and taxing the vehicles and does not prove ownership" The caravan which was also levied on is used for storage and also belongs to my Ltd company. I would request that any fees relating to these levies are removed from my account.. Kind Regards
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Thanks Tom, it's my company that owns them. They were purchased when I was a sole trader. I went limited 6 months after I bought them and as far as I'm concerned they also became company assets. I have the work invoices from my sole trader Acc being paid into my account, my account also shows the money being withdrawn to pay for the vehicles. Would this be enough to prove they belong to the company. In comparison my tools also from my sole days became ltd assets. Many thanks
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Am I alone here?
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Right so i did a quick search. My computer is down at the moment so I am on my iphone so it's a little difficult. Am I right in thinking that I should write to the HCEO to inform them that they have levied on vehicles owned by my company ()? Or do I write them "from my company" telling them that they have levied on goods not belonging to "me"?
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Hi thanks for the replies Hceo and Wonkey. Sorry I am only just coming back to you. I wasn't sure what you meant by detailed assessment, how do I do this? Thanks HCEO I will google that also.. I will also get onto the hceo via writing to tell them that the vehicles belong to my company. I did tell him verbally when he seized but he wasn't interested
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I'm still no further can anyone point me in the right direction please?
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Anyone please?
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Hi been into court. Judge didn't even bother to look at my evidence. He was very rude and obnoxious. He asked why I was in front of him so I told him the Hceo had levied on 3rd party vehicles and added charges. I told him I wanted to apply for the writ to be stayed further until the SAR came back so I could look at the bailiffs fees. He wasn't interested in this at all. He said I had to file another form to check the fees??? He stayed the writ until the 1st available date after the 6th June. He said I have to have put measures in place by this time or he will allow the writ to become live again. I haven't hot a clue what he was on about and told him I wasn't sure what I was to do. He basically just said see a solicitor and kicked me out. I would say at most 60 words were spoken. I had all my evidence ready to give him and he just didn't want to see it.. What's the point in a judge and a court??? I really don't know what to do now. I can't afford a solicitor.. Please help
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Thanks WD. I have a 5 sheet letter and 25 sheets of "evidence" that im hoping the will create a picture for the judge to see whats going on. Will report back tomorrow. Once again thanks to everyone for all the help so far.
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Hi anyone? I received a letter from the creditor today basically saying that they won't be attending. They have also listed aload of waffle/lies, saying that my payments are sporadic and that they have asked me numerous times for I & E forms. Now I have never missed a payment, and have sent them numerous I&E forms back via Email.. I also have a statement from they showing that they are paid each month!!! I think personally that the bailiff has tried to bump his fees by calling out numerous times to get I&E forms, knowing too well that I've emailed them.. I even sent one of them by post and he still came back asking for one. Funny thing is, it was them who sent ME the form via Email and I sent the back via the same message. What should I do now? I'm back in to see the judge on Thursday morning. Many thanks..
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Hi WD sorry for the late reply. Tried to call Bailiff office was on hold for 15mins. Tried to call Bailiff direct 3 times left a message no answer.. So also had a thought, as my next payment is due on the 10th(same day as the hearing) would I be better not telling them anyway incase it rocks the boat? I'm hoping to have the SAR back by then you see. What will be expected of me when I Goto court? I'm not 100% sure what I have to say? Obviously I'm disputing the charges they have added but I can't really back that up until I receiver the SAR report. What is my next step? Many thanks
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Also my hearing is set for the 10th which is when the next payment is due. Do I inform the Bailiff I have a stay or leave him? Any thanks
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Update, application stayed and just waiting for variation order hearing. Also has a confirmation from Bailiff saying they are working on the info I requested... Hopefully I will get this ASAP. I was worried about this as I sent the SAR as an email and paid the fee via bank transfer... What is the next step? Do I print off all the emails I have sent to them etc?
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Update: currently sat in the court reception waiting for a judge to look at my case, she/he is in chambers all day tho so will catch me kn there break . Hopefully he will agree a Stay. Some info tho as I have just been told by the clerk.. When filing for the Stay, I only needed to file a N244 for the Stay. I was told that I could just attach the n244 to the n245. Also I didn't have to fill the ex160a as I was not disputing the fee. I only had to pay tone ee for the n244 and the m245 £60 in total. Lady just come out, I have to call back later to see what the judge said. Many thanks
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I will be with St. Helens court. On there web site it says district registry... When I go in do I basically just ask for it to be processed as a matter of urgency?
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Thanks WD will let you know the outcome tomorrow. Thanks again fir all your help
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Thanks WD. Will that be the same with regards to the fee? I am hoping to get the Stay heard tomorrow if pos
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Think I have it now? in 10 I have just put numbers of the points relating to section 3 and just wrote an explanation of why... Which box do I tick tho? Also at present I do not have any evidence to confirm my incomings or my mortgage payment.... I will order a Mortgage statement tomorrow..... With regards to wages tho, I am a Director...My wages for the last 4 months have been cash, working on the same job.. What can i do proof of incoming here? Many thanks Nervous of going to court now Once again many thanks..
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Hi Tom thanks so much... Im so sorry to be a nit here but just to clarify ( im terrible with forms), for example in section 3 at the moment I have put I would like to apply for a Stay Of Execution on the following grounds: 1) Pending the determination of a Variation Order 2) I cannot afford the fees demanded 3) The HCEO is threatening to remove goods belonging to a 3rd party. Section 10, still not sure what I need to put here? Also which box do I tick... Thanks so much mate. Really is appreciated
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Hi filling in the n244 can you help please? What level of Judge do I need? High Court? Section 10, what do I put here? I have nothing to show as evidence until I receive the SAR Do I sign the statement of truth as well as lower down the form too? Also because I am filling a N244 and N245 do I need to pay a fee for both? If so do I file 2 EX160a's? Hopefully you see this before bed as im off the court 1st thing
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