Hi thanks again for the replies. I will print the N244 now and attempt to fill it in. I will also change the grounds on my form. I have requested the SAR because I dont think the fees are fair. Like I said they turned up un-anounced On the Monday morning demanding the £2000 I had offered them to settle early. Basically they have had me over in my eyes because they new id borrowed money from famaily.. So unfair. They then charged me further £480 for coming to pick it up. 2 men 20 mins? So far to date I have paid them £3261.20 never missed a payment either. They are still saying I owe them a further £1152.25 The original Levy was £3388.96 Claimant total of this was £2344.84 Surely this is not fair? Where are they getting the £480 from? Hope the judge will see me tomorrow

Thanks for the replies. I guess I will just have to wait until the SAR comes back. I'm off to the court in the morning to file a n245. To try to vary the judgement and stay the execution. Am I right in thinking that once the form is in, it's temp stayed until a hearing. I have based it on the fact that I cannot afford the fees at £256 per month and also that I have submitted a SAR and I am waiting or it to come back. Where do I stand with regards the n55 notice not being correct? Ie, the figures on it don't add up on it There is no date for the day it was wrote out.. Also he has also put the date of the 1st writ on it and not the date it was renewed. Many thanks

If thats the case then I would agree.. I have had a few run-ins with Bailiffs and there fees have often been more than the debt... For example. I was charged £450 a few weeks ago for a visit which lasted 18 minutes and was to try and levy my car.. I paid them 2k and they still added the £450 even though in my eyes they abandoned the levy.,... I think they make them up as they go along :-x

How the hell can they take a work van???? Can't earn money if there's no way to get to work

Is there a list of the new fees schedule anywhere? I read earlier that they can now levy on tools of the trade worth over £1300.... Would that inlcude a Van? now that is scarey.......... and is the execution fee of £235? chargable upon each visit? so they could visit everyday and bump it up?

Are the new regs different with regards to access? Ie do they have to gain Peaceful access as before?

Are they the only fees it can charge? Also the removal of tools for work is a bit scarey...... Would that include a van? eeeek

Hi HCEO thanks for the reply... Is the article below not right then? Regulations do not define levy abandonment but an authorative definition of levy abandonment is available in the judgment of Bannister v Hyde [1860] 2 E&E 627. The judge said- "If the bailiff levies on goods then leaves the premises without a signed walking-possession agreement is evidence the levy has been abandoned". Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Regulation 47 of the Taking Control of Goods Regulations 2013 sets the rules bailiffs must follow in the event of abandoning the levy. How seizure SHOULD work: When a bailiff seizes your goods or vehicle he will complete a document called a Notice of Seizure, sometimes called a Form 7 A High Court Enforcement Officer will use a Form 55 Notice of Seizure. By completing these forms, bailiffs call this distrain or "distress" over your goods or vehicle listed on the form, and the form does not need to be signed by the debtor to be valid. Once this form is complete, the bailiff has "levied" over your goods. The bailiff may then ask you to sign a document called a form 8 walking-possession agreement. A High Court Enforcement Officer will use a regulation 15 walking-possession agreement. If you do not sign the walking-possession Agreement and the bailiff leaves the premises without taking the seized goods or vehicle (or leaves a wheel clamp on the vehicle), the levy becomes what is called, an abandoned levy and breaking entry cannot be lawfully made at a later date. If no walking-possession agreement is signed by the debtor, the bailiff is unable to charge a fee. When a bailiff hands you a Form 7 (High Court enforcement - a Form 55) with a list of goods on it, this is called a Notice of seizure. On its own this notice it is a worthless because one of the following must happen. The bailiff must: Collect the money to pay the debt, or Remove the goods or vehicle seized and leave a receipt called a Form 9 " Leave a person on the premises with the goods or vehicle until either the above is done. This arrangement is called a "Closed Possession" If none of the above is done, then it becomes an abandoned levy and the seized vehicle or goods are still yours and you are free to take them away for safe keeping. Closed possession is when a person remains on the premises to hold the seized goods, today this is rarely done. Bailiffs think wheel clamping a vehicle is a substitute for closed possession and there is no case authority supporting this. If a bailiff or HCEO leaves the premises with a wheel clamp on your vehicle, you can legally remove the clamp using bolt cutters and take the vehicle - even if you signed a walking-possession agreement. A debtor-signed walking-possession agreement does not entitle the bailiff to deprive you the continued normal use of the levied goods or vehicle while it remains in your possession, so there is no criminal liability if you remove a wheel clamp using bolt cutters from the levied vehicle. NOTE: If the levy on goods is invalid, and the bailiff has left the premises, this creates an abandoned levy. Check the list of grounds that constitutes an invalid levy

Anyone please?

Hi thanks for the reply. Yes I had 2 companies. The one which the debt was for has been resolved. My current company is still going. Can anyone confirm that " if a levy/seizure n55 form is filled out but a walking possession form is not filled out and signed" then the levy is classed as abandoned and therefor it is useless and also the fees are negligible?

Hi Should I fill in a N245 for and also a stay of the writ do you think? I have also sent them a SAR. Really need to get this sorted tomorrow. Many thanks

Sorry to bring this back up. Can you help please? Further to my recent posts, I never came to a new agreement with the creditor. I did however manage to increase my payments to £50 per month. Once again i never missed a payment. Recently I have been hounded my the Bailiff's for Income and Expenditure forms which I have filled in and emailed back. The Bailiff would turn up again a few days later asking for another form even tho I had clarified with the office that they had received them. I have also made numerous offers to try and clear the debt, one offer being £1300. After this offer I had no correspondance from them apart from another visit asking for an I&E form? Again I told him they already have it. He Levied on MY Car, My Van, My Kit Car and My caravan. Now the caravan is used as storage for my business, the van is in the Buisiness name. He then went away. I then called the office to ask if the offer was accepted and I was told NO. I have managed to borrow £700 iff family so I made an offer of £2000 to clear the debt via email on Friday gone. 7th March I also informed the Bailiff of what I had done. I have just had a call off my Wife to say 2 Bailiff is at the door and they are taking the car. Is this possible? Even tho I am trying to sort things out? 2 Bailiffs charged £480 they were here for 18 minutes. I have paid them the £2000 that I offered on Friday but now they are insisting I owe an additional £1152 which I have to pay £235.54 per month... I cant afford this.. Im already at £60 per month left to spend. Below is a breakdown of the n55 forms which has been left. One is from last week and another from today.. The numbers dont even add up. date 26-2-14 Judgement date 17-5-14 (i guess the writ was renewed) Debt order £1752.56 award costs £787.87 interest £ 31.71 Credits £ 350 walkin Pos £ 0.30 Total £ 2,633.05 ( I get it to £ 2,222.44 ) Today no date written (but it is 10-3-14) Judgement date 17-5-11 (when the writ 1st issued) Debt £1752.56 Award costs £ 824.38 Interst £ 34.38 Credit £ 350 Daily interest 5 days £ 1.65 Walkin Pos £ 0.30 Additional Attendance £480 (todays visit I think) 2 men 2 small vans 18 minutes Total £3,152.23 (I get it to £2743.27) Breakdown HCE have sent me on 4th March. Far too vague. Original Judgement Judgement Debt £2,344.84 (2011) execution costs £111.75 Interest £180.12 futher costs £ 0 Claimant total £2,636.71 Poundage £ 82.10 Officer Fees £ 670.71 Total Levy £ 3,388.96 less Payments £ 551.20 Balance £2,837.76 2012 Judgement Debt £1,986.56 (2012) execution £111.75 interest £149.87 Further Cost £259.51 Claimant total £2507 poundage £ 67.16 Officer Fees £638.35 Total levy £3213.20 Payments £ 360.00 Balance £2853.20 2013 Judgement Debt £1752.56 (2013) execution £111.75 Interest £ 34.05 Futher Costs £ 410.91 Claimant Total £2,309.27 Poundage £ 55.46 Officer Fees £ 656.88 Total Levy £3,021.61 Payments £ 350.00 Balance £2,671.61 Then paid 2k today Can anyone advise on what I should do now? I have tried so hard to sort this out and they just arnt interested. We depend on the car (8 year old son has diabetes) and we just cant afford that kind of money. Surely they cant just add what they want. Please Help Kind Regards

Hi can anyone help me please? I have an outstanding Peraonal debt of £2200 to the creditor and Hceo fees of £650ish My questions are Can the bailiff levy of multiple items outside? They have levied on all of the below. My 25k Range Rover ( this is in my name ) but was actually bought by my Ltd Company and is used for the Business and SDP. We also have a disabled son and my wife and he depend on the car. MY £3000 Transit van which is used for work and is is property of my company. A caravan (£1200) which is used for storage of my work goods/tools and is property of the company. A £3000 kit car which belongs to me. Surely they can't levy on all these items for such a debt? They have valued the car at 13k auction. I have told them it's worth a lot more and id be losing 12k. I have been paying this bill for 3 years now and the bill has never come down really due to extra fees?/low payback etc. The other thing is I have been paying this writ regularly and have never missed a payment. The 1st 2 years was only £30 p/m and the last year was £50 p/m. I have £2000 which I can pay but the creditor is adamant they want full payment or they are coming for the car??? I have told them it's company property (they not bothered). I just don't have all that money.. The creditor did say today that she would accept £1750 as a final payment but I had to go through the Hceo. Can the creditor legally decline payment? When can the bailiff charge? I don't agree with there fees. I have asked for a breakdown but it was very vague. They seemed to just make attendances for no reason. 3 times last week asking for I & E forms which I had emailed numerous times. Can they charge for these visits? I have also made 2 previous offers to pay more money which have been declined by the creditor. Instead of emailing me the hceo had attended? Would it be worth my while applying to the court for a variation payment order? Would this stop the bailiff in his tracks? What would you advise? Really need help now.. Stressed Many thanks

Thanks for your reply. Yes it's a ltd company. Do I have to set a business Acc up by law? I didn't know

Hi can someone please clarify my position for me please. In 2011 I bought a new car. Now I have a ltd company and of which the Invoices are paid into my Personnal Account as I have never set up a Business Acc. I had a fairly big invoice paid so I went the bank and withdrew a Large sum of cash and bought a new car with my company money. The car was registered in my name and off I went. Now I have an outstanding CCJ and the Bailiff is trying to take the car. Where do I legally stand with ownership? If the car is taken the Tax Man is going to want to know what happened to the money etc. Kind Regards.

With respect the car Technically isnt mine and selling it would mean taking a massive dividend which would then mean no wages which in turn means the mortgage isnt paid.

Hi I didnt realise i could click the bold lettering and it would take me to the forms req. Many thanks. I will now send the forms off.

Hi WD thanks for clearing that up much appreciated. May I ask tho, who do I send the SAR too? I will also send the Bailiff company name via PM as you suggested. I have today put the car in the company name as I believe is is company property, it was paid for using company money at the end of the day. It also has the company Logo on the rear windows. I also use it for going to see customers etc. Also i dont actually believe there is a Levy on the car as there has never been any paperwork issued etc. Time will tell I suppose. HCEO My circumstances havent changed at all since we made the arrangement so why should they be able to demand more money now? I have another debt for 7k for a failed company I backed. Unfortunately i was took for 35k and it all went tits up. I pay this debt £50 p/m and its not a prob for the creditor. The van is also company property however when i sell it I will have to take the proceeds as a Dividend a pay them. Thanks for all the help it really is appreciated.

What is a Subject Access Request? I'm completely lost

Replied to above many thanks. This is really getting me down now

Hi Tom many thanks. Do you think I should go down the 244 route then? I need to buy some time at least. I'm wondering if If they may take a partial Final payment after Christmas as I have a van to sell which is worth about £1600. I could poss add £400 to that. I'm not sure what he has valued and he hasn't seized anything. I haven't had a levy or anything through the door either. The Baliff has been very helpful if I'm honest. I just hope it isn't a smoke screen. I'm going to call him tomorrow. I will also ask for a full breakdown.

Thanks for the advice.. I thought as much which is why I have been paying the debt. I have no problem paying but it has to be within what I can afford. Also with regards to the CCJ does the fact I knew nothing about it untill the Baliff knocked count for anything? What is an LBL? What form do I need to fill in for a Stay? Here is what I had back when I asked for a breakdown. £2,274.84 - Payable to the Claimant, made up as follows: - £1,752.56 - Judgment Amount & Costs £111.75 - Costs of Execution £410.53 - Interest @ 8.00% p.a. £579.51 - Officer Costs, inclusive of VAT, made up as follows: - £161.59 - Valuation Fee £5.45 - Daily Seizure Fee £357.01 - Additional Charges consisting of Administration & Financial management fees and arrangement fees. £55.46 - Poundage £2854.35 TOTAL Then on my statement it says this. Judgement Debt : £1,986.56 Execution Costs : £111.75 Interest : £151.02 Claimant Total : £2,508.84 Officer's Fees : £638.35 Balance : £2,854.35 Less Credits : £0.00 Total Levy : £3,214.35 Less Payments : £360.00 Daily Interest : £0.38 With regards to my car, it was paid for from my personal account but the money used to pay for it was actually my Current Ltd Company's. I dont use a Business Account I just Invoice and then get paid via BACS into my Personal Acc. Could it theoretically be classed as a Company car even though it is in my name? Many thanks

Also how do I set aside? do I just fill in the n244 form and take it to my local County Court?

Both address's would be the same as my business address is my Home address. Also I have been reading about HCE'Os not being able to take cars etc if there is fanance or a loan on the vehicle. Can anyone enlighten on this? Ie if i got say a £200 log book loan would this help save my car?

Nope no personal Guarantee. I still have a copy of the initial agreement with My Company name on it.