Help Please ASAP

[antrox]

Whilst away i received a county court claim dated 05/06 from derby county court for £863.68 for gas supplies (incidentally it did not arrive before 12/06 when i went away), in my absence i also received judgement for claimant dated 01/07 from Derby County Court stating i owed a total of £1025.36 being £868.36 for debt and £157.00 for costs.

 

Today a suspicious guy turned up, knocked at my front door (i did not answer door to him), he sat in his van completeing papers and left them addressed to me, he was from an Enforcement company, and left 2 papers; first a letter dated today stating that he attended with intention of removing goods, it stated

 

"my warrent gives me the power as a high court enforcement officer to seize your goods up to the value of judgement, together with all additional costs and interest, i will again attend between 0600-2000 hrs and may remove goods even in your absence. The total amount outstanding as of todays date, including all costs and interest is £1553.55"

 

It then goes on to say that payment in full must be made by 15 July 2009 and if i fail to make payment and there are insufficient goods to cover debt, a return will be made to this warrent which will enable the claimant to take insolveny proceedings against me.

 

the second paper was a Notice of Seizure and Inventory with all the relevnt details re the judgement order and stating

 

"This notice is left by or on behalf of a high court enforcement officer authorised to enforce writs of execution from the high court"

 

This also stated the amounts made up as follows:-

 

The judgement debt £1025.36

Judgement costs incl statutory fees £526.58

Additional interest @ 0.22 per day for 6 days £1.32

Walking possession accrues @ 0.29 per day £0.29

Total due as of todays date £1553.55

 

And listed in a box under this was our car and registration number and also a friends car (parked up on my driveway whist they are away i live near the airport).

 

I was actually going to call the courts today regarding the claim and explain that i have been away etc and had no time to respond etc to try and get some time to deal with this.

 

We are family with 2 children and like a lot of people are struggling financially, i work self employed and my wife helps me when she can around looking fatre the children etc. I need the car for my work as well as the fact that we live very rural.

 

I would be very grateful for any advise as to what i should do next etc.

Edited July 14, 2009 by antrox
advised

[lets fight bailiffs]

first thing you need to do is sell your car to a friend back dated as to when they bought it ie six months if it was and park the car away from the house but whatever you do don't let them in your home at all not even if he is nice and says he just wants to talk how small are your children and do you receive any help ie tax credits?

[antrox]

thanks for your reply, Our youngest child is 5 and we do receive child tax credits and working tax credits!

I did not speak to him at all, he knocked on my door, got no response then went back into his vehilde on my driveway, where i could see him writing out forms etc and making calls on his mobile, then 15 mins later he left an envelope in my porch addressed to me.

Our dog which is a German Shephered was in her kennel and run outside the house claraly visable to him and was going mad at him, and i think he was a bit wary of walking about our home.

Edited July 14, 2009 by antrox
advised

[paulson1985]

HI

 

You need to contact the court office and fill in an N245 form to stop the warrant and vary the order do this asap.

[antrox]

Thanks for help so far, can any one advise re following:-

 

Is there anything i can do about putting summons and subsequent judgement on hold as they arrived at my home in my absence?

 

The original claim form and judgement for claimant was issued from Derby County Court, is it legally correct that it can now be subject to "High Court Enforcement" this is what the letter states that was delivered today

"In the High Court of Justice Queens Bench Division Central Office", i have received no notification about High Court involvement?

 

Are the costs of £526.58 for a HCEO attending my house today for 15 mins max legally permittable, these costs are in addition to the original claim costs?

 

Is the HCEO legally permitted to return to my house and remove my vehicle, which is essential because i am self employed as well as the fact that we live completely rural and need to take our kids 5-10 miles to school etc?

 

Can the HCEO legally return between the hours of 0600-2000 as stated to remove goods, and in our absence what can he legally remove?

 

We are financially struggling due to recession and receive, child tax credits, working tax credits as well as some hoursing benefit (as we rent), do we have any protection on our side?

 

I am new to all this, and never thought we would end up in this sort of situ so really do appreciate any assistance what so ever, many thanks

[claimtout]

see paulclarkson1985's post.

You need to get the judgement stayed/reversed

Say you were away and unless you can offer any defence to the claim, admit it and offer to pay the original debt in instalments, setting out your financial circumstances

At the moment the HCEO can seize the cars he has listed - your friend should contact the HCEO with proof of ownership of his car and tell them it must not be seized

The HCEO cannot force his way into your house (but can enter through an open door or window or if invited) so don't sign anything or let him in. He can still seize the car(s) though

You must contact the original court and say you want to respond to the original claim. Do this as soon as you can - like tomorrow when the court opens!

Don't leave your car anywhere the HCEO can see it because he can take it!

Sorry to be so alarmist but get back to court and respond to the original claim.

[ambershadow]

CORRECT me if I am wrong here BUT I think you will find the only people who CAN force entry is a HCEO officer from the court...as they have a warrant to do so

[claimtout]

No, an HCEO can force entry to business premises but not residential property.

He has an instruction from the court to seize goods but that does not give him right of entry to non-business premises. IF he gains entry then he can come back in any time he likes and even force re-entry but he can't force entry to start with.

[lets fight bailiffs]

you also need to tell the court in the morning that you are recieving housing benifit because if you are working and getting this it means you have gone through a council means tested and in there opinion you are in hardship