#bailiffs : Notice of Seizure High Court form No 55

[give me my money back]

Hi Guys

today my limited company Have recieved a Notice of Seizure High Court form No 55 from a company called Andrew Wilson & Co for a debt from a company that i have been in dispute with over the late delivery of some goods to that said company. Unknown to us this company have issued court proceedings against us and got a judgement which they have immediatley applied for and got a high court enforcement order. We have recieved no summons or judgement in this matter. I dont know what i can do about this as i have never dealt with the high court before. However my immediate response has been to file a N244 form to set judgement aside on the grounds of non service and for the opportunity to file a defence, and for a stay of execution on the writ. I think i have made a mistake with that as i have subsequently been told that a stay has to be on a different form.

What are my options. Another consideration is that allthough my unit is full of equipment, the limited company that i trade through owns none of it, the directors personally own everything within the unit. However if the enforcement officer does come knocking even though i have filed a N244 how do i prove the ownership of equipment and stock etc.

Is there other thing i can do to defend this action?

regards

[ploddertom]

Hi Guys

today my limited company Have recieved a Notice of Seizure High Court form No 55 from a company called Andrew Wilson & Co for a debt from a company that i have been in dispute with over the late delivery of some goods to that said company. Unknown to us this company have issued court proceedings against us and got a judgement which they have immediatley applied for and got a high court enforcement order. We have recieved no summons or judgement in this matter. I dont know what i can do about this as i have never dealt with the high court before. However my immediate response has been to file a N244 form to set judgement aside on the grounds of non service and for the opportunity to file a defence, and for a stay of execution on the writ. I think i have made a mistake with that as i have subsequently been told that a stay has to be on a different form. You have used the correct form, what grounds have you used for the Stay?

What are my options. Another consideration is that allthough my unit is full of equipment, the limited company that i trade through owns none of it, the directors personally own everything within the unit. However if the enforcement officer does come knocking even though i have filed a N244 how do i prove the ownership of equipment and stock etc.

Is there other thing i can do to defend this action?

regards

 

Have you submitted the form yet?

 

PT

[give me my money back]

Hi

yes my form has gone in.....got a hearing for the 15 May, but these enforcement officers are back to break the doors down on Wednesday.

Regards

[ploddertom]

It may be quicker to submit another application for a Stay. This should be taken in person to the Court and explain its urgency. Usually a spare DJ can be found who will hear the application on the spot. If you do this go in the morning as to go after lunch can see things delayed. If granted notify the HCEO Company immediately by phone, email or fax giving them brief details - Court, date & Judge - when the Order comes through you must send them a copy ASAP - do not rely on others. If the HCEO then decides to ignore your communication he is in grave danger of attracting the wrath of the Court.

 

PT

[tomtubby]

Hi Guys

today my limited company Have recieved a Notice of Seizure High Court form No 55 from a company called Andrew Wilson & Co for a debt from a company that i have been in dispute with over the late delivery of some goods to that said company. Unknown to us this company have issued court proceedings against us and got a judgement which they have immediatley applied for and got a high court enforcement order. We have recieved no summons or judgement in this matter. I dont know what i can do about this as i have never dealt with the high court before. However my immediate response has been to file a N244 form to set judgement aside on the grounds of non service and for the opportunity to file a defence, and for a stay of execution on the writ. I think i have made a mistake with that as i have subsequently been told that a stay has to be on a different form.

What are my options. Another consideration is that allthough my unit is full of equipment, the limited company that i trade through owns none of it, the directors personally own everything within the unit. However if the enforcement officer does come knocking even though i have filed a N244 how do i prove the ownership of equipment and stock etc.

Is there other thing i can do to defend this action?

regards

 

Ploddertom is the real expert on these matters and the stay is an absolute requirement.

 

However, with regards to the goods within the property, the Directors MUST get a simple Statutory Declaration completed and I would strongly suggest that you also write to the company to advice that a N244 and Stay have both been filed and that in addition, all goods within the property are personally owned by the Directors and that Statutory Declarations have been witnessed to this effect.

[give me my money back]

Thanks for the info guys, i was successful with the application for a stay of the Fi Fa, so I just have to wait for the hearing to set judgement aside. I now know why we did not recieve summons etc, they sent the paperwork to our accountants adress an not ours.

thanks