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Car Just Been Taken, Please Please Help If U Can I Beg U


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Good afternoon,

Partner just called Court and confirmed judgement issued there and referred to form N244, ive gone on there and getting form ready to print... but the form for fees (theres a £75 and we have no money :( ) isnt EX321, thats a form or leaflet for someone who hasnt paid??

Is it EX160A??

Thanks again, so good to feel like we're starting,

X

 

My mistake it is EX160a. Although you are doing this it is more important to apply for the Stay of Execution to prevent further action/charges by the HCEO. Applying for Set Aside DOES NOT prevent any further enforcement action only the Stay will do this.

 

PT

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I've been wondering the same, after we've filled out the court forms, stay of execution and Set Aside claim, i really want to get the Bailiff for his fees, is it just a case of calling the police? xxxxxxx

 

One step at a time. He can be left on the back burner for now, wait till the weather improves then see if you can BBQ him!

 

PT

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may i ask

 

if you have a genuine complaint against a hceo, say for racked up fees, being as they are not certificated in a county court,

 

how do you do an official complaint

 

i mean not going to the baliffs head office but getting him/her to answer in front of a judge to be struck off so to speak

 

I wouldnt bother complaing to the bailiffs office or any of their trade associations. This is the official advice on complaining about an HCEO - on Page 4. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf

 

If you want your money back because you have been over charged then litigation on a Form N1 is the only way to go.

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Is it EX160A??

Thanks again, so good to feel like we're starting,

X

 

If you are on a low income, then you claim court fee remission of exemption on a Form EX160. 160A is the guidance notes for EX160.

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My mistake it is EX160a. Although you are doing this it is more important to apply for the Stay of Execution to prevent further action/charges by the HCEO. Applying for Set Aside DOES NOT prevent any further enforcement action only the Stay will do this.

 

PT

 

 

Aha, now the man at the court told my partner they were both together on the same form, N244 but ive looked and it doesnt say anything about it, xxxx

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If you are on a low income, then you claim court fee remission of exemption on a Form EX160. 160A is the guidance notes for EX160.

 

 

Sorry I just saw that ;), my sister is printing them for me and bringing them straight round,

What is this stay of execution though, how do i apply??? xxxxxxxxxxxxxx

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Hi!

I saw your name and thought "oh no" at first... :) I'm so glad other people agree that over 3000 on fees is outrageous, i couldnt believe it when I read down and saw it. Just out of curiosity, is the interest to be added reasonable as well? That seems really cruel as well, for every day we've been hiding, scared to move by windows or answer the phone we've been charged that much, really doesn't make sense, wish my partner had balls to sort it out before it got to all this :Cry:

 

Not only outrageous, also unlawful. I have a case in progress via an N1 form, the Police and my M.P Robert Goodwill. Aside from the excellent advice given here by Tomtubby, Nintendo Pu and others I suggest you also follow suite and lodge a complaint with the Police in relation to fraud by misrepresentation. I dont like to make assumptions without knowing the facts, however I would hazzard a safe bet that Marston Group can be proven to be acting unlawfully in your case and that there is absolutely no justification for the extortionate fees.

 

So as to link the cases together you are most welcome to forward Police my details as I would be willing to present further evidence to prove crimes are being committed and that your case is by no means iscolated. I can be contacted via PM in this regard and will provide my details in the strictest confidence to you for the Police.

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Not only outrageous, also unlawful. I have a case in progress via an N1 form, the Police and my M.P Robert Goodwill. Aside from the excellent advice given here by Tomtubby, Nintendo Pu and others I suggest you also follow suite and lodge a complaint with the Police in relation to fraud by misrepresentation. I dont like to make assumptions without knowing the facts, however I would hazzard a safe bet that Marston Group can be proven to be acting unlawfully in your case and that there is absolutely no justification for the extortionate fees.

 

So as to link the cases together you are most welcome to forward Police my details as I would be willing to present further evidence to prove crimes are being committed and that your case is by no means iscolated. I can be contacted via PM in this regard and will provide my details in the strictest confidence to you for the Police.

 

 

Hi MGC,

I would love to report him to police, and really appreciate your offer, but think i should take the advice of trying to recover car and halt further action first, but i will do...... well i'll make my partner, i said if the worst that can happen is he gets done for wasting police time i'll go the papers, xxx

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Sorry I just saw that ;), my sister is printing them for me and bringing them straight round,

What is this stay of execution though, how do i apply??? xxxxxxxxxxxxxx

 

 

The only thing i can find is this

 

Order to stay proceedings under s. 9 of the Arbitration Act 1996 (Pt. 49G PD para.6) PF176??

 

My sisters waiting to leave so i need to know if i need this one too?

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The only thing i can find is this

 

Order to stay proceedings under s. 9 of the Arbitration Act 1996 (Pt. 49G PD para.6) PF176??

 

My sisters waiting to leave so i need to know if i need this one too?

 

 

Believe it is another N244.

 

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Believe it is another N244.

 

PT

 

 

Ah thank you i found a sort of template to use asking to stay an execution, i have filled it out ready and saved it and my sis is now bringing round her printer in case we need to print other things, which of course we will so thats good of her,

Shall i do 2 N244 forms, one for stay and one for set aside, and put the stay of execution request letter on top and forward a copy of the stay of execution letter to SHCE Ltd as well as I have no address for original claimant and they are effectively working on behalf of her now? xxxx

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doesnt it feel great to be doing something about this lot. you sound a lot better than you did before. this site gives people so much confidence its brilliant.

 

Hi again

:smile:

Yes it really does feel good to be starting, i woke up this morning feeling totally different than before, not exactly good, but hopeful.

 

I have also told my mum and dad of our situation, they'r not in a position to help and I wouldn't expect them too even if they could, but just being honest and them being so lovely about it was great, got a nice cuddle off my mum as well, that always helps,

I agree, i'm amazed nobody I know knows of this site, obviously they do now :lol: and i hope they tell their friends etc, it's a lifeline for someone like me, I was in a right state yesterday xxxx

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Hi again

:smile:

Yes it really does feel good to be starting, i woke up this morning feeling totally different than before, not exactly good, but hopeful.

 

I have also told my mum and dad of our situation, they'r not in a position to help and I wouldn't expect them too even if they could, but just being honest and them being so lovely about it was great, got a nice cuddle off my mum as well, that always helps,

I agree, i'm amazed nobody I know knows of this site, obviously they do now :lol: and i hope they tell their friends etc, it's a lifeline for someone like me, I was in a right state yesterday xxxx

 

If nothing else available make sure you treat yourself to a large coffee.

 

PT

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If nothing else available make sure you treat yourself to a large coffee.

 

PT

 

 

I think I will need one after seeing the N244 forms to fill in :eek:

I'm going to get children off to bed and start on them with partner, ready to be taken to the court tomorrow.

A few questions if thats ok?

 

I have printed 2 copies of n244 and intend to write one as a request for a stay of execution and another as a request for a set aside. Is this correct?

We will also fill in the EX150 form tonight too :)

Do we take all three of these to the court and hand them in?

 

Once we do that, can we inform SHCE Ltd that we have done this and request our car be returned pending court decisions??

 

I have the letter printed ready to post to SHCE Ltd contesting their fees and the email ready to send, shall i still proceed with this and wait the 7 days before informing police, i have that letter ready to go with copies of the sheriffs letters with them :)

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You can inform police at any time.

 

You can use the same N244 for applying for the stay and the set aside. Use form EX160 for your fee remission.

 

Inform the bailiff this has been done, dont say anything about police, but do send the truth-test letter. You need the bailiff to asknowledge and admit their intent to charge you those fees, and this strengthens the criminal investigation.

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I think I will need one after seeing the N244 forms to fill in :eek:

I'm going to get children off to bed and start on them with partner, ready to be taken to the court tomorrow.

A few questions if thats ok?

 

I have printed 2 copies of n244 and intend to write one as a request for a stay of execution and another as a request for a set aside. Is this correct?

 

Yes - However I think you also need extra copies of each for Claimant etc - I think it tells you in the notes.

 

We will also fill in the EX150 form tonight too :)

Is that the EX160 - think you may need 2 of these as each application has a different fee - £75 Set Aside & £50 Stay -. Obviously your details will be the same on each.

 

Do we take all three of these to the court and hand them in?

 

Yes

 

Once we do that, can we inform SHCE Ltd that we have done this and request our car be returned pending court decisions??

 

Do it by email & Post - they will probably ignore you and try further enforcement action. If they do turn up ring the Court and ask how your application is progressing and tell them the HCEO is present and demanding action, they may speak with the SOB to tell him to back off. At any hearing ask about your car.

 

I have the letter printed ready to post to SHCE Ltd contesting their fees and the email ready to send, shall i still proceed with this and wait the 7 days before informing police, i have that letter ready to go with copies of the sheriffs letters with them

 

Personally I would hold off on this until some of the other has been dealt with but appreciate how you feel.

 

:)

 

PT

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Just catching up on the thread. Hardworking is certainly living up to the name! Just a hug for you and my best wishes.

Rae.

 

 

Lol thank you Rae, I'm determined to take charge of this now and sort it out, I would be mental if I didn't with all the help offered here :smile:

 

Even if it all goes wrong and we dont get anything back, end up going IVA route etc at least I can say this time I faced it head on, and tried to sort it out and be a bit prouder of myself, and know how to not ever get in the situation ever ever again.

 

Someone said something today, "turn your face to the sun and your shadows will fall behind you"

 

How very lovely and true.... this forum is my Sun :D

 

x

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Hi everyone,

I know it's late but i really want to get the forms ready for court tomorrow morning, i'm a bit stuck on a couple things if anyone has a few minutes to help?

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

At question 3, can anyone help on my wording of this -

 

I am requesting that the court set aside a judgement made against me on __/__/08 because i was not aware of the court proceedings against me until an HCEO informed me at my then place of work in February 2009. I had worked at the same establishment for 5 years and the Claimant was aware of my place of work.

I enclose a copy of the Notice of Seizure handed to me on that day that also shows the HCEO's attempts to extort fees, at the time i was not aware but have since been advised a HCEO cannot charge more than £71.88 on a £2875.00 debt (2.5%) At £585.34 for "Sheriffs Fee" at this very first visit he has contravened the Fraud Act 2006 section 2. I therefore ask you for a stay of execution whilst the Set Aside application is pending approval and judgement.

 

Question 8, the court where our ccj was held in just a normal county court, im not sure which judge/??

 

Question 9, is this my partner or is it to send to the bailiff as welll??

 

and question 10 am i right in thinking i have to tick its a "Statement of Case" as we are saying we didnt know about the order until it had been passed up or is it the "Written Evidence" in the form of the original Notice of Seizure paperwork he was handed at work that day?

 

Oh and one more, is the claimant the landlady or is it the SHCE lTD? I have no address for the landlady :(

Thas it, sorry to go on, if its too late i understand ill wait a bit and maybe see what legal aid say in the morning xxxxxxxxxxxxxxxxxxxxxxx

xxx

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