Urgent help please re. Walking possesion

[gh2008]

Ok, deep breath.

 

I have a debt (not a CCA one) originally for £640. I paid off £300 in a lump sum and I offered the balance at £10 pcm due to financial hardship.

 

That was rejected they took me to court.

 

I defended on the basis I could only afford £10 made the offer of payment. I admitted the debt, but defended the court costs saying it was un necessary.

 

Defence got thrown out and judgement by default. £479 +£150

 

I sent in an N245 for redetermination

 

They got it transferred to the High Court for enforcement.

 

HCEO turned up despite the N245, spoke to my parents about it (I live with them) and left a letter demanding £979

 

I wrote to the HCEO explaining that, since my marriage break up, I live with my parents and have no possessions other than clothing bedding and work tools.

 

N245 rejected without hearing - the solicitors had submitted a long statement as to why it shouldn't happen, I didn't realise it could be heard without a hearing so I didn't do the same - I objected and a hearing was set.

 

The N245 hearing wasn't transferred to my local court as it should have been and I was unable to afford to travel to the court so it was thrown out.

 

HCEOs involved again I travel to the High Court make an application in person in front of a Master and get a stay of execution with a hearing date set for a early August.

 

I also wrote to the orirginal court asking for my original application to be re-instated and transferred as it should have been.

 

HCEO ignoring all the above, called at my parents' home and I have got a Notice of seizure - seixing my parents' cars (which I had already informed them weren't mine) and a Walking Possesion agreement obviously not signed by me.

 

 

HELP!!! what do I do now

 

At the moment the original case has been transferred to my local court for a hearing on my application for a redetermination.

I also have a stay of execution from the High Court with a hearing date set with a Master.

 

My elderly parents are obviously sick with worry and I'm not too good either

 

I do hope someone can help

[spamheed]

Is the house owned by your parents?

[gh2008]

Is the house owned by your parents?

 

yes, I wrote to the HCEOs explaining that I live with them the house and everything here apart from clothing bedding and tools for my job are theirs.

Edited July 23, 2009 by gh2008

[gh2008]

I would appreciate some advice as to what I need to do.

 

The baliffs turned up whilst I wasn't there and posted the walking possession order through the door. As I said it lists my parents' cars even though they knew they weren't mine.

 

Before this action they also knew that I had applied for and been granted a stay of execution.

 

So I am now in the position of having a stay of execution, a redetermination hearing at my local court due, a hearing at the High Court due in a couple of weeks and yet the Baliffs are just carrying on as though they are a law to themselves.

 

They have also added over £600 in charges even though all their visits have been whilst a stay was in place !!!

 

One other thing - I have sent payments totalling £50 to the claimants however they have been rejected and returned.

[ambershadow]

They can't take whats not yours and that includes the car's

 

I would contact tomtubby on here as she is the bailiff expert and will help you it's her business so she knows what to do

[spamheed]

I took advice from TT and my own solicitor on a similar matter.

 

since the property is not yours the bailiffs cannot touch a thing, however this doesn't mean that they wont still try it on and may even take goods leaving you and your parents to sort it out.

 

If they know 100% that the premises and its contents do not belong to you then they cannot touch anything at all as it would leave them liable to legal action

 

My G/F moved in with me and soon after Rossendales appeared demanding council tax arrears for her, from a previous year. this is my house and with the exception of a few personal items and her sons bits and bobs, the contents of the house are solely mine as well

 

She sent the standard letter stating that she disputed the debt etc

 

My partner at no time refused to pay but offered interim reasonable payments while she contacted the council which they of course refused to accept

 

I sent a letter confirming that the house and its entire contents belonged solely to me and that as I carried no liability for the debt, they couldn't touch anything. At no time did I say that my G/F didn't live there, only that the house and its contents were solely mine

 

They continued to send threatening letters to my G/F

 

on TT advice I obtained a Statutory Declaration which identified the items within the house which belonged to me, my solicitor countersigned.

 

The too-ing and fro-ing continued but every time they wrote a threatening letter to her, I wrote one back telling them that if they attended my property after being informed of its status I would take actrion against them for theft/criminal Damage/Tresspass etc.

 

It was only after they sent me a letter asking me to provide contact details for my G/F that eventually they were forced to return the account as there was no way they could enforce the debt at my premises.

 

A letter from your parents following a similar vein may be of assistance.

[paulson1985]

Your parents need to write to the bailliff and the court declaring that all property belongs to them ( Include proof if they can).

 

Is this county court bailliffs?

 

If so they are easier to deal with than private firms, and are much more reasonable

[gh2008]

Your parents need to write to the bailliff and the court declaring that all property belongs to them ( Include proof if they can).

 

Is this county court bailliffs?

 

If so they are easier to deal with than private firms, and are much more reasonable

 

I have already written to them stating that the property and everything in it apart from my clothing bedding and tools etc for my trade belongs to my parents.

 

I have also written to them informing them of the stay of execution.

 

They don't seem to care & just carry on regardless .....

 

They are High Court Enforcement Officers, collecting on a County Court CCJ

 

I need to know whether the WPA is legal or not, they levied on property they knew wasn't mine, left it unsigned and shoved through the letterbox, whilst there was a stay in place AND whilst an application for redetermination was open.

 

In fact every visit by them (3 now) has been either when an application was waiting to be heard or a stay has been in place

[hallowitch]

I need to know whether the WPA is legal or not, they levied on property they knew wasn't mine

Notice of seizure - seixing my parents' cars

definitely not a legal walking possession agreement photo copy the v5

send them photo copy and ask them to remove all charges conected with this

[danboy381]

gh, Whats the name of the hce firm trying to collect this?