Bailliffs Forced Entry

[ploddertom]

Many thanks for raising the point Ell-enn, and for answering ot Ploddertom. I've just checked and confirmed that this is correct. I think I'll take both n244 and n245 along ready filled in tomorrow so both avenues are covered and either one submitted.

Am I correct in my belief that once one of the above forms has been submitted that pending bailiff action must be put on hold.?

 

If you are successful with your application for a Stay then all Enforcement action & charges will be halted pending whatever grounds you have applied on. If you are not successful or only apply for a Variation on the N245 then this does NOT halt enforcement action. At the present time the application for a Stay is the most important.

 

PT

[Ell-enn]

I'm happy to be corrected as I've never tried to assist with HCEO warrants - I know you can stop bailiff action on warrants with a N245 application to suspend as I've helped with those on several occasions. I have to say though, our local court advised that an N245 could be used for HCEO warrant when I rang them this afternoon.

[mortyarty]

Looking through both forms it seems that the n244 gives a better opportunity to state the details of a case and the opportunity to provide a range of supporting evidence, whilst the n245 appears to be more income, expenditure and statement of finantial affairs (I assume that you would have the opportunity for additional evidence with this one as well though)

I'll fill in both forms to be sure.

I'm still not sure if I should take along evidence/photos of the forced entry - will that give weight to the urgency of the issue or should I just stick to the monetry aspect of the case?

[ploddertom]

I'm happy to be corrected as I've never tried to assist with HCEO warrants - I know you can stop bailiff action on warrants with a N245 application to suspend as I've helped with those on several occasions. I have to say though, our local court advised that an N245 could be used for HCEO warrant when I rang them this afternoon.

 

Hi Ell-enn

 

A lot of County Courts come unstuck with Stay applications as they usually only see the words High Court and try to refer you to RCJ or one of the District Registries. This is because they are not a common or garden application and some Courts may only see 1 such application every 5 years. Often in the mistake is made whereby the Debtor enquires and says they have a Bailiff in which case the N245 is correct. I know of some who have applied for Stays on N245 only to be contacted a few days later to say it is the incorrect form so not only do they need to start again but also need to pay more.

 

PT

[SuzanneH]

Hi

 

I have also had dealing with The Sheriffs Office, their charges are very high and if you get a breakdown of them you will see they are charging for things not allowed for in Schedule 3 Regulation 13.

 

I have also reported them to Office of Fair Trading who are also looking into my complaint and any other further complaints they get against this company. Please write to them to help others in this situation.

 

We applied for a Stay of Execution by filling in form N244, if you can take this direct to the court you may get an emergency hearing as we did. The warrant was suspended.

 

Good Luck

[mortyarty]

SuzanneH, many thanks for your message. Our n244 was submitted today and will go before a Judge in the morning.

as soon as this initial stage is resolved I will be following up with a complaint, and will certainly include the OFT.

I do wonder how they can even have the gall to attempt to justify charging us in the region of £1200 for two letters through the post and a couple of visits.

[SuzanneH]

If you are not going to the Court yourself, make sure you ring the Court after it has been looked at by the Judge to make sure you get an early hearing.

 

I can send you a copy of Schedule 3 Regulation 13 and a copy of what The Sheriffs Office try to charge if this would help.

 

Keep positive.

[mortyarty]

Thanks, a copy of that would be great, and yes, the court manager told me to phone around 11am

[SuzanneH]

I have not used this forum before so can you send me an email address so that I can attach the documents not sure how to do it from here

[cerberusalert]

How to upload a PDF or ZIP file:

 

Scan the required letters/agreements/sheets as a jpeg picture file.

 

Remove all personal info inc barcodes etc using paint but leave all figures and dates.

 

Use one of the many free online pdf converter websites to convert the image to PDF format or if you have PDF as an installed printer drive use that, open a new msg box on your thread;

 

click 'go advanced' below the msg box

click 'manage attachments' below that box

click the 'add files' button on the top right

click 'select files',

 

Navigate to your file on your pc

 

click 'upload files'

 

You can set where it goes in the post by hitting 'insert inline'.

 

click the 'reply' button.

[SuzanneH]

Thanks, a copy of that would be great, and yes, the court manager told me to phone around 11am

 

 

Hi

 

I've emailed you schedule and fees, if you don't receive them let me know and I'll resend

[mortyarty]

I've emailed you schedule and fees, if you don't receive them let me know and I'll resend

 

many thanks Suzanne, it will be put to good use

[mortyarty]

We're now waiting for the judge to come to a decision on monday (he hadn't had to deal with an n244 before so went away for the weekend to fully understand it and the implications!) so the next step is to complain about the actouns of the bailiff - any tips?