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id330uk

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  1. The Baillif refuses to execute a warrant of execution and to serve documents on one creditor because he was told by the other creditor who lives in the same house that this creditor has move out. However this is a trick because I know that this creditor still lives in his house. I would like to know if the Baillif was right to stop enforcement without any hard evidence that this creditor has changed of address for example without checking that this creditor has changes his address in the DVLA. I would like to know if it is up to me to prove that this creditor still lives in his house because if yes I would have to prove this every week because this creditor can move out at anytime
  2. I have already applied all these options myself except the insolvency procedures. I am aware that even with a County Court Judgement at their favour debtors are not always paid but this usually happened when the creditors do not have money but my creditors received a lot of money from their lodgers. Concerning the warrant of execution the Bailiff sent me a letter where he says that he cannot execute the warrant because the creditors have issued an appeal to the High court even though the High court has not granted any stay of execution of the County Court Judgment. I have written a letter to the Court to complain about this because in the meantime the creditors can put their saleable goods out of reach. I have issued the warrant execution to the County court and I would like to know if the High court Enforcement officers have more powers to execute the warrant than the County Court Bailiff and if it is not too late to transfer the warrant to the High Court Concerning the charging order one of the creditors owns a house but his wife owns the other half of the House. In this case we can put only a restriction on the house and not a notice which I think offer a lot less of protection than a notice. I would like to know if I am right. Concerning the attachment of earnings the creditors have not replied to it and the Bailiff refuses to serve the N61 order to produce a statement of means because also he says that there is an appeal to the High court even thought there is no stay of execution of the County Court Judgement. I have also sent a letter of complaint about this to the court. I have instructed the Bailiff to serve also upon the creditors the order to attend the court for questioning but I am not sure that he has done so 14 days before this hearing where this application will be heard Concerning one of the creditors the bailiff has sent me a letter where he says that he cannot execute the warrant and serve any documents on this creditor because the other creditor who lives in the same house as this creditor has told to the Bailiff that this creditor has left the house. I am very surprised that the bailiff has believed this and stopped the enforcement of the County Court Judgement without any hard evidence that this is true Concerning the insolvency procedure I would like to know if I make the creditors bankrupt if the creditors will carry on being forced to give me their cash after one year i.e. after being discharged. I would like to know also if I can make an application to ask permission to the court to serve the statutory demand on the creditors during the hearing during which the financial questioning will take place to save the cost of a private process server because county court bailiffs do not serve statutory demands. Some of these creditors use the money that they receive from their lodgers to pay their rent to their landlord. Hence maybe the solution will be to ask for an order to the court to force their landlord to give me part of the money that their tenants give him. This could be the only solution to be given the cash that they receive from sub-letting part of their house but I do not know how to issue such an application.
  3. The bailiff will be looking for goods more than for cash and these creditors should not have many saleable goods in their house and if they have some they can simply hidden them for example in house of friends. The bailiff will not search physically these creditors for the cash from their rental income that they can have on themselves. Furthermore the bailiff will come only once and these creditors receive cash from their lodgers every week or every month. Moreover these creditors can simply not open their door to the Bailiff. What I need is a kind of court order or something else to force these creditors to give me their cash from their rental income but I do not know which.
  4. I already have a County Court Judgement against them
  5. My debtors sub-let their home. Hence they have rental income what is their main income. However I do not know how to do to force them through the Court to give me part of their rental income to pay me the money that they owe me because they receive their rental income in cash. If I make them bankrupt in theory they will have to give all their cash to the receiver but this will cost me a lot of money and they may not say the entire truth to the receiver. Moreover they will be discharged after only one year and in one year I may not have enough time to be paid all the money they owe me. They owe me only several thousand pounds and I do not know what kind of proceeding I can issue to get hand of their cash that they obtain through their rental income. I think that they are also in receipt of housing benefit and I do not know if I can ask a contribution from their housing benefit or to ask for an order from the court to force then to give me part of their rental income but the problem will be to prove that they receive this rental income. I have proof that they sub-let part of their house because I find their advertisements in the Internet.
  6. This police officer came to my home accompanied with another police officer and told also to me that I wasted police time and threatened me with arrest. As I said previously the neighbours and my landlord sent witness statements to the court where they confirmed that they were told by this police officer that I was wasting time police. I think that the IPCC used these witness statements as evidence and maybe also the testimony of the other police officer to upheld my complaint. Hence if I issued a claim against this police officer I will be able me too to use these witness statement as evidence and also the report from the IPCC upholding my complaint. The Police Officer is in extended leave since I made a complaint against him i.e. more than one year ago and the IPCC told me that they were not able to talk with him and that they are waiting he comes back from his extended leave to talk with him The IPCC upheld also my complaint against this police officer because he did not report my complaint for harassment. The IPCC told me that he should have reported my complaint for harassment against these neighbours and against my landlord for future referencing even if he considered it as civil. No one has yet replied to my very important question about costs i.e. if for cases against the police also in case we do not claim for more than £5000 the case goes to the small track and we do not have to pay the cost of the other party if we lose. I will make a claim against the police only if I will not have to pay the costs of the others party if I lose. Moreover I think that my claim is not worth more than £5000.
  7. I heard that we can claim against the police officer or against the chief constable. Moreover the problem is that since the events have occurred there is another chief constable. I do not want to claim more than £5000 because I do not want to have to pay the costs of the other party if I lose. It is why I asked previously confirmation that for claim for not more than £5000 we do not have to pay the cost of the other party if we lose also for cases against the police
  8. I made a complaint to the police against my neighbours and my landlord for harassment. During his investigation a police officer made accusations against me to these neighbours and to my landlord that I was wasting police time. The consequence of the behaviour of this police officer is that these neighbours and my landlord gloated over and increased their harassment. And as a consequence I had to issue a claim to the county court for harassment against my neighbours and my landlord. I made a complaint to the IPCC against this police officer which was upheld because he made accusations of me wasting police time to these neighbours and to my landlord even though he did not have any evidence that wasted police time and did not charge me of any offence of wasting police time which is a criminal offence. I have won my case for harassment against my neighbours and my landlord who have been ordered to pay me damages by the court. I would like also to issue a claim to the county court against this police officer for compensation because the emotional distress that I have sustained because of his behaviour. I would like to issue a claim for no more than £5000. I know that claims for no more than £5000 are allocated to the small track and as a consequence we do not have to pay the costs of the other party if we lose. I would like to know if this also applies for claims against a police officer. I have also another problem which is that I do not how to call my claim. I think that there are two kinds of claims which could be issued in a county court one is for breach of contract and the other I do not remember but I think that it is maybe for negligence. I know that my claim against this police officer is not for breach of contract and I need to know how to call this claim when filling the claim form.
  9. I would like to know which statute or Civil Pracitce Rules deals with which documents a County Court Bailiff can server or cannot serve
  10. I have made an application to the County Court to have statutory demands served upon the judgement debtors by the county court bailiff. I have received an order from the county court which says that the bailiff cannot serve a statutory demand because it is not a court document. I would like to make an application to set aside this order but I need to know first if the court has not made a mistake and what are the Civil Practice Rules which deals with this issue
  11. I think that the issue is whether or not my civil rights are concerned during the dismissal proceedings because article 6 of the European Convention of Human Rights concerns the determination of my civil rights. I think that my civil rights are concerned because the payment of my wages is concerned if I am dismissed. Especially during the time I found another job. In unfair dismissal proceedings in the Employment Tribunal the tribunal takes into account loss of earrings because of unfair dismissal. I think that it is why in the Schedule of Loss that we have to send to the Employment Tribunal we have to make mention to our earnings. One thing which proves this is that in case the Employment Tribunal awards damages for unfair dismissal because of loss of earrings this award is enforceable in the Civil Court if the respondent refuses to pay. What proves that my civil rights are involved and as a consequence I should have be entitled to a fair hearing during the dismissal proceedings according to article6 of the European Convention of Human Rights. I would like to know if I have a point and how I can put forward this to convince The Employment Tribunal
  12. I think that the role of ACAS code is to inform the employers who most of them are laymen of how they have to conduct a disciplinary proceeding so that to give a fair trial to their employees. According to the new ACAS code which entered in force in 2009 breaches of ACAS code do not rend automatically anymore a dismissal unfair. I heard also that ACAS code is only guideline and does not have any statutor ybasis (except the right to be accompanied to a hearing). However I would liketo know if the principles set out in the ACAS code are not neverthelessc ompulsory because of article 6 of European Convention on Human Rights which says that anyone is entitled to a fair trial.
  13. Today when I was at the court I asked for the result of the hearing about the respondent's application for a Hardship Payment Order and I was told that the file was still in the court and that I needed to come tomorrow to ask for the result. Hence tomorrow morning I am going to the court and ask whether or not a Hardship Payment Order has been issued. I am not available to come to the court every day because I have also other commitments moreover time is of the essence because I have to act before any possible hardship Payment Order is faxed by the court to the third party. Hence tomorrow morning I will have to issue to the Court any application that I need to make. Hence maybe it could be good if we start to think about this now.
  14. The issue is that in the application for a Hardship Payment Order I noticed that the respondent has misled the Court by nto making mention to some incomes that I know he has which means that does suffer how much financial hardship that he wants the court to believe. Because I was not able to attend the hearing I was not able to make any oral or written representation to inform the Court of this fact. Hence I would like to know if it is not too late and if I can make an application to appeal against any Hardship Payment Order which could have been made during the hearing of today or to set it aside or to stay it.
  15. I have obtained an Interim Third Party Order against the respondent. The respondent has made an application for a Hardship Payment Order. The Court has issued an order which says today a hearing was scheduled to hear this application and that the time to serve this application on me is abridged and that the respondent should have served this application on me at least yesterday. However the respondent has not served this application on me on time and as a consequence I received it only today and I was not able to attend this hearing today and to make any representation. In case a Hardship Payment Order has been made during the hearing of today I would like to know if I can make an appeal against it or to make an application to have it set aside. I would like to know also if I can make an application to have this Hardship Payment Order stayed. I think that I have to act quickly before this Hardship Payment Order which could have been made today is faxed by the court to the third party which is a bank.
  16. Please can you tell me which paragraph of this Pratice Direction is relevant to my question and why ?
  17. No the creditor is me and I am asking because I am completing an application form N316 called 'application for order that debtor attend court for questioning' because I need to know which is the bank of the debtor to take money from his bank account and I need to know if he is employed to take money from his wages. I need also to know if he own properties to put a charging order on them
  18. I have already done searches in the Internet. It is strange but I found nothing. I t is why I am so puzzled.
  19. This explains the difference of what will happen during the hearing where the questioning will take place but this does not tell me what reasons can put forward a creditor to convince the court that it is necessary that the questioning of the debtor take place in front of a judge and not in front of court official
  20. A creditor can make an application for an 'order to obtain information from a judgment debtor'. In the application form N316 called 'application for order that debtor attend court for questioning ‘it is asked to the creditor if he wants that the debtor is questioned in front of a judge instead of in front of a court official and it is asked to the creditor to say his reasons for this choice. I have done searches and I do not find for what reasons a creditor can ask that the debtor is questioned in front of a judge instead of in front of a court official
  21. There has been a typing mistake. We should read "The County Court Judgements against the landlord is only at its name and not at the name of his wife. I would like to know if in this condition all or only half of the 35% of equity is available to the company which buy the debt"
  22. My landlord owns money to me and to other people and I need to found out how much equity is availabe on his house but I cannot say more because I do not want that the identities are revealed The County Court Judgements against the landlord is only at its name and not at the name of his wife. I would like to know if in this conditions only all or half of the 35% of equity is available to the company which buy the debt
  23. I would like to know if the landlord's wife who lives also in the property owns half of the property if this means that only half of the 35% is available to the company which buys the debts
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