H CEO please help I can't cope anymore

[Looneyfitter]

Hi thanks again for the replies.

 

I will print the N244 now and attempt to fill it in. I will also change the grounds on my form. I have requested the SAR because I dont think the fees are fair. Like I said they turned up un-anounced On the Monday morning demanding the £2000 I had offered them to settle early. Basically they have had me over in my eyes because they new id borrowed money from famaily.. So unfair.

 

They then charged me further £480 for coming to pick it up. 2 men 20 mins?

 

So far to date I have paid them £3261.20 never missed a payment either. They are still saying I owe them a further £1152.25

 

The original Levy was £3388.96 Claimant total of this was £2344.84

 

Surely this is not fair?

 

Where are they getting the £480 from?

 

Hope the judge will see me tomorrow

[Looneyfitter]

Hi filling in the n244 can you help please?

 

What level of Judge do I need? High Court?

 

Section 10, what do I put here? I have nothing to show as evidence until I receive the SAR

 

Do I sign the statement of truth as well as lower down the form too?

 

Also because I am filling a N244 and N245 do I need to pay a fee for both? If so do I file 2 EX160a's?

 

Hopefully you see this before bed as im off the court 1st thing

[ploddertom]

Hi filling in the n244 can you help please?

 

What level of Judge do I need? High Court? District

 

Section 10, what do I put here? I have nothing to show as evidence until I receive the SAR You need grounds to be able to apply for a Stay and these should be listed as a list at 3. 10 provides for an explansion of 3. You cannot apply just because you disagree with the fees. Ive put a list of grounds you could possibly apply on further down use those that apply or make your own up if they are not there.

 

Do I sign the statement of truth as well as lower down the form too? Yes and if you use a separate sheet this needs to be signed also.

Also because I am filling a N244 and N245 do I need to pay a fee for both? If so do I file 2 EX160a's? Yes to both as they may need to go to different Courts. Variation should go to Court where original CCJ was awarded. Stay should go to High Court in London or a County Court that acts as a District Registry of the High Court. To complicate the issue sometimes one Court will accept them all whereas others will refuse.

Hopefully you see this before bed as im off the court 1st thing

 

Grounds for applying for a Stay:

 

You cannot afford the fees demanded

Pending determination of a Variation Order

Pending determination of a Set Aside application

The HCEO is threatening to remove goods belonging to a 3rd Party

The HCEO is threatening to remove goods belonging to a child

The HCEO is threatening to remove goods for sale at auction

The debt has been paid in full prior to the HCEO attending

etc etc

[Looneyfitter]

Hi Tom thanks so much... Im so sorry to be a nit here but just to clarify ( im terrible with forms), for example in section 3 at the moment I have put

 

I would like to apply for a Stay Of Execution on the following grounds:

 

1) Pending the determination of a Variation Order

2) I cannot afford the fees demanded

3) The HCEO is threatening to remove goods belonging to a 3rd party.

 

Section 10, still not sure what I need to put here? Also which box do I tick...

 

Thanks so much mate. Really is appreciated

[Looneyfitter]

Think I have it now? in 10 I have just put numbers of the points relating to section 3 and just wrote an explanation of why...

 

Which box do I tick tho?

 

Also at present I do not have any evidence to confirm my incomings or my mortgage payment.... I will order a Mortgage statement tomorrow..... With regards to wages tho, I am a Director...My wages for the last 4 months have been cash, working on the same job..

 

What can i do proof of incoming here?

 

Many thanks Nervous of going to court now

 

Once again many thanks..

[wonkeydonkey]

Think I have it now? in 10 I have just put numbers of the points relating to section 3 and just wrote an explanation of why...

 

Which box do I tick tho?

 

Also at present I do not have any evidence to confirm my incomings or my mortgage payment.... I will order a Mortgage statement tomorrow..... With regards to wages tho, I am a Director...My wages for the last 4 months have been cash, working on the same job..

 

What can i do proof of incoming here?

 

Many thanks Nervous of going to court now

 

Once again many thanks..

 

If you are not sending a separate statement then you tick the box which says you will be "relying on the evidence in the box below" if you are adding a separate statement you need to tick the box "attached witness statement" most importantly you must transfer the statement of truth to the attached document and sign it.

 

Your application to a variation will not be heard forthwith you will receive a hearing date in due course so that gives you time to gather together what you will need to support an I&E form, a copy of your accounts will be a good idea to show both.

[Looneyfitter]

Thanks WD. Will that be the same with regards to the fee? I am hoping to get the Stay heard tomorrow if pos

[wonkeydonkey]

Thanks WD. Will that be the same with regards to the fee? I am hoping to get the Stay heard tomorrow if pos

 

If you qualify for fee remission you will need to take the evidence to that with you, along with the ex 160 as that needs to be processed before your applications get a hearing. If you do not qualify then you will need to pay the fees up front before any action will be taken regarding your applications.

 

It will depend on the lists....there is usually a 'spare' judge to handle any urgent matters but, if the lists are heavy s/he can be called upon to hear some of the list. All you can do is get there early and see what the front office have to say, it could be your lucky day and they can get the stay heard on the spot or it might be a day or two before you get to hear.

[Looneyfitter]

Thanks WD will let you know the outcome tomorrow. Thanks again fir all your help

[wonkeydonkey]

Did you check to see if your local CC is a district registry to the High Court? some court staff are not familiar with the fact, that as a district registry they can process applications to stay execution so go prepared to enlighten them!!!!

[Looneyfitter]

I will be with St. Helens court. On there web site it says district registry...

 

When I go in do I basically just ask for it to be processed as a matter of urgency?

[Looneyfitter]

Update: currently sat in the court reception waiting for a judge to look at my case, she/he is in chambers all day tho so will catch me kn there break . Hopefully he will agree a Stay.

 

Some info tho as I have just been told by the clerk..

 

When filing for the Stay, I only needed to file a N244 for the Stay. I was told that I could just attach the n244 to the n245. Also I didn't have to fill the ex160a as I was not disputing the fee.

 

I only had to pay tone ee for the n244 and the m245 £60 in total.

 

Lady just come out, I have to call back later to see what the judge said.

 

Many thanks

[Looneyfitter]

Update, application stayed and just waiting for variation order hearing.

 

Also has a confirmation from Bailiff saying they are working on the info I requested... Hopefully I will get this ASAP. I was worried about this as I sent the SAR as an email and paid the fee via bank transfer...

 

What is the next step? Do I print off all the emails I have sent to them etc?

[Looneyfitter]

Also my hearing is set for the 10th which is when the next payment is due. Do I inform the Bailiff I have a stay or leave him?

Any thanks

[wonkeydonkey]

Also my hearing is set for the 10th which is when the next payment is due. Do I inform the Bailiff I have a stay or leave him?

Any thanks

 

Send a copy of the stay to the HCEO, fax would be the quickest way.

[Looneyfitter]

Send a copy of the stay to the HCEO, fax would be the quickest way.

 

Hi WD sorry for the late reply. Tried to call Bailiff office was on hold for 15mins. Tried to call Bailiff direct 3 times left a message no answer..

 

So also had a thought, as my next payment is due on the 10th(same day as the hearing) would I be better not telling them anyway incase it rocks the boat? I'm hoping to have the SAR back by then you see.

 

What will be expected of me when I Goto court? I'm not 100% sure what I have to say? Obviously I'm disputing the charges they have added but I can't really back that up until I receiver the SAR report.

 

What is my next step?

 

Many thanks

[Looneyfitter]

Hi anyone?

 

I received a letter from the creditor today basically saying that they won't be attending. They have also listed aload of waffle/lies, saying that my payments are sporadic and that they have asked me numerous times for I & E forms. Now I have never missed a payment, and have sent them numerous I&E forms back via Email.. I also have a statement from they showing that they are paid each month!!!

 

I think personally that the bailiff has tried to bump his fees by calling out numerous times to get I&E forms, knowing too well that I've emailed them.. I even sent one of them by post and he still came back asking for one. Funny thing is, it was them who sent ME the form via Email and I sent the back via the same message.

 

What should I do now? I'm back in to see the judge on Thursday morning.

 

Many thanks..

[wonkeydonkey]

Hi anyone?

 

I received a letter from the creditor today basically saying that they won't be attending. They have also listed aload of waffle/lies, saying that my payments are sporadic and that they have asked me numerous times for I & E forms. Now I have never missed a payment, and have sent them numerous I&E forms back via Email.. I also have a statement from they showing that they are paid each month!!!

 

I think personally that the bailiff has tried to bump his fees by calling out numerous times to get I&E forms, knowing too well that I've emailed them.. I even sent one of them by post and he still came back asking for one. Funny thing is, it was them who sent ME the form via Email and I sent the back via the same message.

 

What should I do now? I'm back in to see the judge on Thursday morning.

 

Many thanks..

 

Take copies of all their mails and the statement to payments with you, if the Judge refers to 'sporadic payments' and 'I & E forms' simply hand him copies.and tell him/her you have complied fully with the original order and fail to understand the actions taken by the creditor.

[Looneyfitter]

Thanks WD. I have a 5 sheet letter and 25 sheets of "evidence" that im hoping the will create a picture for the judge to see whats going on.

 

Will report back tomorrow.

 

Once again thanks to everyone for all the help so far.

[Looneyfitter]

Hi been into court. Judge didn't even bother to look at my evidence. He was very rude and obnoxious.

 

He asked why I was in front of him so I told him the Hceo had levied on 3rd party vehicles and added charges. I told him I wanted to apply for the writ to be stayed further until the SAR came back so I could look at the bailiffs fees.

 

He wasn't interested in this at all. He said I had to file another form to check the fees???

 

He stayed the writ until the 1st available date after the 6th June. He said I have to have put measures in place by this time or he will allow the writ to become live again.

 

I haven't hot a clue what he was on about and told him I wasn't sure what I was to do. He basically just said see a solicitor and kicked me out. I would say at most 60 words were spoken.

 

I had all my evidence ready to give him and he just didn't want to see it.. What's the point in a judge and a court???

 

I really don't know what to do now. I can't afford a solicitor.. Please help

[Looneyfitter]

Anyone please?

[Looneyfitter]

Anyone please?

 

I'm still no further can anyone point me in the right direction please?

[HCEOs]

In the first instance I'm not sure what you have submitted an SAR for? It appears you've had a breakdown of the fees already.

 

With regard to the car have you made a formal interpleader claim to the HCEO? You should have done this at the time it was seized. If you have it was the HCEOs duty to notify the creditor and ask them to admit or dispute the claim.

 

If you didn't you could make your own application to court. Google the words 'sheriffs interpleader' and there are plenty of websites offering info on this.

 

My personal opinion remains sell the car, pay the debt. Your previous comment regarding a dividend wasn't clear.

[wonkeydonkey]

As I understand it you made an application to stay execution pending a hearing to your variation order? I explained in post #37 that if you thought you had good reason to call the fees charged to you into question...the way forward to that would be way of detailed assessment which is a totally separate matter to the stay/variation hearing, that you chose to raise the fees at the recent hearing was 'out of order' and the Judge was telling you the same as I did, when he referred to 'another form'.

[Looneyfitter]

As I understand it you made an application to stay execution pending a hearing to your variation order? I explained in post #37 that if you thought you had good reason to call the fees charged to you into question...the way forward to that would be way of detailed assessment which is a totally separate matter to the stay/variation hearing, that you chose to raise the fees at the recent hearing was 'out of order' and the Judge was telling you the same as I did, when he referred to 'another form'.

 

Hi thanks for the replies Hceo and Wonkey. Sorry I am only just coming back to you.

 

I wasn't sure what you meant by detailed assessment, how do I do this?

 

Thanks HCEO I will google that also.. I will also get onto the hceo via writing to tell them that the vehicles belong to my company. I did tell him verbally when he seized but he wasn't interested