the bailiffs want my car

[bentleyman22]

Hi I am Michael

I have received a county court judgment and the bailiffs have called at my home when I wasn’t hear

They didn’t get in but took the registration Number of my car and put that on the seizure notice that was posted throw my letter box

They have come to day to collect the car which wasn’t hear so haven’t got it

Am I right that as I am a Chauffeur and the car is part of my tools of my trade can they take it?

[Fair-Parking]

Michael. Before replying with advice may I ask whether this was a county court employed bailiff or whether this was a private bailiff co? You should be able to find the answer on your seizure notice.

[bentleyman22]

He works for a company called High Court Enforcement based in Devon

The clamant is a privet company

[Fair-Parking]

Michael. As I thought, you haven't had a county court bailiff deal with you. You have had a private bailiff. The former are likely to listen to you, the latter have already shown that are just bullies.

 

First this is a civil matter and secondly the costs are not those of the court but have been set entirely within the imagination of the bailiffs. The bailiff will not have any authority to collect these costs. Your CCJ will tell you precisely what is owed. In other words there are no extra costs for the bailiff let alone those that rose sharply in a week without explanation or further paperwork from the court.

 

My suggestion is to pay the county county judgment ONLY but in full and that will conclude the matter. If you cannot do that then put an application into the court to ask for more time or an agreed monthly payment. Your local county court will help you with advice on how to complete an application though it could cost £70. This will come before a judge and he will decide. Not the bailiffs.

 

Nor will the court take kindly to any further bailiff action whilst your application is outstanding.

 

Finally may I suggest that you ask the moderators of this forum to combine both your threads as this is one matter.

[Ell-enn]

Michael, is this judgment for an amount over £600? if so, and you have not paid the judgment it may have been transferred to the high court for enforcement by the claimant, in which case the officer who called can levy on goods and remove.

 

In the meantime - park your car well away from your house and in such a way that the number plates are not easily seen.

 

Ell-enn

[bentleyman22]

thanks

can thay put a levy on my car

[Fair-Parking]

Michael anybody who adds a £1000 of costs isn't too bothered whether he can legally levy or not. He'll do it anyway. Listen to Ell enn. Hide the car and visit the court asap to pay or to put in an application.

[bentleyman22]

I am arranging for one car to be put at a friend’s place and not use it

The other is in a garage 150miles away so won’t be seen

What I would like to know can they inform HPI that they have this levy on them?

As I was going to sale one to pay my debits off

[bentleyman22]

I can’t find the court papers so will have to get a copy in the morning from the court

But on the paper work they have given me it is £603.67

[Fair-Parking]

If that's the judgment form (N24 or N30?), that's what you pay. No more. Job done.

 

Don't worry about HPI too much. These aren't law enforcement officers doing a job, they're con men on commission and misusing their positions to earn from you.

Edited January 21, 2009 by Fair-Parking

[bentleyman22]

I have just done a HPI and she is clear

What about the judgment costs do I have to pay them on top off the £603.?

[Fair-Parking]

Whatever the total amount on the judgment form is what you pay. If £x is included on top of £603 and is written on the judgment from, then yes you must pay it to satisfy the judgment.

[tomtubby]

[

 

 

First this is a civil matter and secondly the costs are not those of the court but have been set entirely within the imagination of the bailiffs. The bailiff will not have any authority to collect these costs. Your CCJ will tell you precisely what is owed. In other words there are no extra costs for the bailiff let alone those that rose sharply in a week without explanation or further paperwork from the court.

 

My suggestion is to pay the county county judgment ONLY but in full and that will conclude the matter. If you cannot do that then put an application into the court to ask for more time or an agreed monthly payment. Your local county court will help you with advice on how to complete an application though it could cost £70. This will come before a judge and he will decide. Not the bailiffs.

 

FAIR PARKING.

 

I am sorry, but this info is not right. This debt has been transfered up to the High Court on the request on the creditor and has now been passed to a High Court Enforcement Officer who IS ENTITLED to his fees. By paying the County Court Judgment in full, this will NOT conclude the matter.

 

The goods have been legitametely seized under an order of the High Court.

 

What is required is to set aside the Judgment and to suspend the Warrant of Execution. This needs to be an application to the COUNTY COURT where Judgment was made by way of an N244 Application and there is a fee of £75 to pay.

[bentleyman22]

Thank you for your help

I went to the court this morning and lodged a Vary judgment

Was this good or bad???????

[bentleyman22]

Forgot to say both cars have gone to bed till this is over

So will use my son’s car

[Fair-Parking]

Now that this is back within the court's jurisdiction, the bailiffs must now wait for the court to decide what happens next. The court will write to the bailiffs advising them that the matter has been stayed.

 

If the bailiffs make any attempt to contact you in the meantime, advise the court immediately.

 

I take it you meant that you requested a variation of the court order.

 

Whatever happens, you have bought time and can still exercise the options given to you on this forum before the hearing, if you so wish.

 

Your cars can now come out of hiding

[Ell-enn]

As the judgement was for more than £600 the claimant will have passed it to the high court for enforcement and the high court enforcement officer (bailiff) has called to levy on goods to that value and can charge his fees.

 

 

Was the form you filled in at court an N245 with a fee of £35.00 ? if so, no action can be taken by the bailiff while this form is in court for consideration. I assume you have a copy of it? if so - keep the copy on you at all times and if the bailiff comes back DON'T LET HIM INTO THE HOUSE, keep all doors and windows locked at all times. Don't open the door and try to talk to him outside on the doorstep he may try to push past you to get in!!

 

- show him the form through the window, or make another copy and pass it through the letter box to him. Make sure you always have a copy for yourself.

 

Ell-enn

[bentleyman22]

Thank you all

I have been around forum sites and dealt with people but this is the best one thank you all will keep you informed on what happens

Michael

[Laydee Danielle]

A judgment can be enforced by execution of writ of fieri-facias (fi-fa) this is done by High Court bailiffs.

 

Now that bailiffs have been instructed an application to stay the writ of fifa and to make a payment offer should be made, this is done on court form N244.

 

Also County Court bailiffs are allowed to continue executing the warrant until the application has been heard however I am not sure if this is the same for High Court bailiffs.