I have two bailiffs on my drive at the momment

[Anthony22]

I think he's trying to pull the wool over your eyes. If you make an application to transfer a Judgment and don't know who to use , you can indeed just submit and the application will be given to someone within that postcode area. Normal practice is that you name the authorised HCEO at the outset and if he has dealt with this he has put his own name forward. Essentially he has done nothing wrong but is it ethical or moral - maybe the SRA would have a different view.

 

Good Luck for tomorrow - I suspect the protagonists may hang themselves out to dry. If everything goes OK don't forget to ask for your Costs of the day - travel, parking, hire of staff or loss of earnings etc - they may not be allowed but no harm asking.

 

PT

 

How do you calculate costs do you just think of a number and add a few zero's. Now where have I seen that done. Just remembered, on the breakdown of costs given to me yesterday by the HCEO!!!

 

Wont push my luck just want to be treated fairly and to get matter resolved. Then I may consider complaints to relevant organisations re their conduct

[brassnecked]

Good luck Anthony22, let's hope this solicitor drops himself in it.

[SURFBOY]

Any news?

[Series3]

hope it all went well for you.

[Simmo52]

The fact that the solicitor is also the bailiff / enforcement officer surely is a conflict of interest? As previously metioned,you may wish to contact the SRA regarding this.

 

Can you name him/her?

[Anthony22]

The fact that the solicitor is also the bailiff / enforcement officer surely is a conflict of interest? As previously metioned,you may wish to contact the SRA regarding this.

 

Can you name him/her?

 

Can but unsure if I should on open forum, a complaint is with the SRA regarding his dishonesty and conflict of interest

[Anthony22]

Update

 

Stay still in operation counter-claim issued. Now have to respond to fees issued by the solicitor (nearly £2,000.00 and the HCEO (over £1500.00) any advice on how to go about it Early reply appreciated or who to contact,

 

Thanks Again All,

 

Anthony22

[ploddertom]

Can but unsure if I should on open forum, a complaint is with the SRA regarding his dishonesty and conflict of interest

 

Please note the SRA very rarely, if ever, tell you the results of their investigations.

 

PT

[ploddertom]

Update

 

Stay still in operation counter-claim issued. Now have to respond to fees issued by the solicitor (nearly £2,000.00 and the HCEO (over £1500.00) any advice on how to go about it Early reply appreciated or who to contact,

 

Thanks Again All,

 

Anthony22

 

I assume you have Counterclaimed against the Claimant? What grounds did you get your Stay on? I am puzzled by you having to respond to the Solicitor & HCEO fees as these are a separate entity to your original action, unless the Solicitor fees formed part of the Claimants Judgment.

 

PT

[Anthony22]

I assume you have Counterclaimed against the Claimant? What grounds did you get your Stay on? I am puzzled by you having to respond to the Solicitor & HCEO fees as these are a separate entity to your original action, unless the Solicitor fees formed part of the Claimants Judgment.

 

PT

 

The judge ordered all fees are payable by me and I have to respond by tomorrow. Have responded to HCEO's statements which have facts in them that can not be possible. Have sent court photo's to prove what he said is not possible. The solicitor acting for the HCEO is also the Authorised high court enforcement officer who works for the same group. His statement and two others are all based on the statement of the attending HCEO's agent.

 

Judge gave consideration to what he considers my poor admin and said all costs were to born by me but I could counterclaim. Various other things have happened since which have shown the court to be even worse than me with deadlines and paperwork.

 

The order made by the judge on the 22 July contained an order to lodge money with the court in London by the 5th August, despite recorded delivery letters to court saying it had not arrived they did nothing. Kept calling and writing for order they told me I should have taken notes when I was in court and the form needed for the order is available on line. Only when I told them that I was aware of this but in actual fact the second point of the guidelines in lodging the form and money stated that the form has to be accompanied with a court sealed copy of the order. Only then did I receive three copies of the order on three different days. Way beyond the deadline set by the judge.

 

The main objective now is to respond to the fees they charge asap, any advice?

[Guest Tooth Fairy Wishes]

I am so sorry that you have been caught up in this mess Anthony22. I hope it does soon all get sorted out & settled.

 

Although I cannot offer you any advice on your particular situation, what I will say is DO make sure you double & treble check everything, do not rely on the Courts etc with regard what they tell you.

 

We sadly got a taken to court last year without our knowledge & a CCJ was lodged by default (obviously as we had no knowledge) so once we did find out we did file a N244 for that Judgement to be set aside. Which we did indeed win BUT somehow the Court did not remove the CCJ & 16 months later we found out it was still live when we tried to move house. We failed referencing due to it & couldn't move! So we took it back to the same Judge to look over the previous Judgements & this time she did have it again down as removed (due to winning set aside).

 

Now the Court did notify the Register of Justice & they in turn notified the 3 main Credit clearing houses & sent us Certificates of Satisfaction stating this, BUT the court still for some reason had the CCJ as live!!! This was despite winning the setting aside 16 months back & the fact the Judge ordered for it to be removed last month! We have had a lot of tooing & frooing with the Court & finally they admitted their mistakes. I.E. The Judge did not state exact words "set aside judgement" back in April 2010 & for the reason why it was still live once the Judge removed it for the second time was down to "admin error due to a clerk circumventing usual procedures & not enough training"

 

Bliddin wonderful!!

 

So I do understand why you put your trust & faith in what the Court & the CC Bailiff told you BUT do not rely on anyone other than yourself to sort fact from fiction. Also copy all documents you hold & keep them in a separate file just in case you loose or misplace anything. I also make notes of all calls made, time, date, name of person so I can then refer back to my timeline & know what happened when etc.

 

Good luck

 

Fingers & Tootsies X

[Anthony22]

Hi All,

 

this case is still very far from completed will update when all over.

 

The judge has been very unhelpful concerning the rehabilitation equipment of my disabled wife despite being sent medical evidence supporting her claim that the equipment is her's he has ignored or not even read the statements. She has sent recorded delivery letters to him which have been delivered and she has not received any reply. She is now distraught and has to employ a personal trainer to replace the equipment. The judge by not replying to her letters nor allowing any questions to be asked in court by me has left he without her equipment. Does anyone know who we can contact in order to get this judge to reply to my wife. She has written to him asking who she should complain to but he has not replied, any suggestions would be greatly appreciated are there any disability action groups who may assist.

 

Cheers

 

 

Anthony22

[wonkeydonkey]

Anthony the Judge will not reply to your letters they will go on file and when you have a hearing the allocated Judge will read through the "evidence" ie your letters

Sadly you will just have to wait for the hearing

 

WD

[lordcrocket]

so much for the police to uphold your fundemental human rights and breach of peace the bailiffs by the sounds of it what you said harrassment etc gosh my friend you should have enough to file a complaint against the police for letting these have you goods and not protecting you and your family and letting the equipment be taken and causing you all distress and the bailiffs for misconduct or something

[Anthony22]

Anthony the Judge will not reply to your letters they will go on file and when you have a hearing the allocated Judge will read through the "evidence" ie your letters

Sadly you will just have to wait for the hearing

 

WD

Hi WD

 

thanks for the reply, my concern is I have asked the judge about these letters and he has not read them. My wife is the owner of the seized exercise equipment and as the third party she has written to the judge who ignores her letters. She has no right to a hearing and as such at court I asked about the letters and he said he asks the questions not me!

 

So how do I go about getting him to respond to my wife, we have asked for advice on who to complain regarding this but its a closed shop!

[wonkeydonkey]

Sorry to repeat myself but the Judge is not obliged to reply to you/wife. Unless you/wife have made a claim to the goods through the court any correspondence is irrelevent......you cannot ask for a Judge to advise you how to get your goods back if there has been no legal claim to them.

 

As I recall your wife made a claim to these goods at the time they were seized? if that is the case then the HCEO MUST pass the details of her claim to the Creditor without delay ie: forthwith/immediately, the Creditor then had 7 days to either admit or refute her claim in writing, if this was not done then the goods MUST be returned to her.

 

WD

[Anthony22]

Sorry to repeat myself but the Judge is not obliged to reply to you/wife. Unless you/wife have made a claim to the goods through the court any correspondence is irrelevent......you cannot ask for a Judge to advise you how to get your goods back if there has been no legal claim to them.

 

As I recall your wife made a claim to these goods at the time they were seized? if that is the case then the HCEO MUST pass the details of her claim to the Creditor without delay ie: forthwith/immediately, the Creditor then had 7 days to either admit or refute her claim in writing, if this was not done then the goods MUST be returned to her.

 

WD

Thanks WD

 

she has made a third party claim with medical evidence to support but he has not looked at anything, this is the problem

[brassnecked]

Thanks WD

 

she has made a third party claim with medical evidence to support but he has not looked at anything, this is the problem

 

I think what WD is emphasising is that you should address this with the creditor, as they should have responded/ ordered HCEO to return them, not the judge in any court action at this stage. Of course the retention of third party goods may well come under the judges remit later if they are not returned in a timely manner.

[brassnecked]

duplicate post deleted, 'tinernet playing up?

Edited October 21, 2011 by brassnecked

[wonkeydonkey]

Thanks WD

 

she has made a third party claim with medical evidence to support but he has not looked at anything, this is the problem

 

Then you must wait until you get a date for the hearing...........But you can start to act upon the following " HCEO MUST pass the details of her claim to the Creditor without delay ie: forthwith/immediately, the Creditor then had 7 days to either admit or refute her claim in writing, if this was not done then the goods MUST be returned to her."

 

I would suggest you write to the HCEO and ask for a copy of the PF23 this is the form used to put your claim to the creditor and PF24 this is the form used by the creditior to admit or refute the claim, once this process has been followed then it is for the claimant to enter an Interpleader to the ownership of the goods removed and for you to defend. This is a very costly route for the Claimant to go down and if he/she lose they will face huge costs to the HCEO and your costs also.

 

WD

[Anthony22]

I think what WD is emphasizing is that you should address this with the creditor, as they should have responded/ ordered HCEO to return them, not the judge in any court action at this stage. Of course the retention of third party goods may well come under the judges remit later if they are not returned in a timely manner.

 

Hi there,

 

that has all been done the judge asked for evidence that the equipment was my wife's this has been supplied to him but he has not looked at it, this is the problem, sorry if im a bit turse but I need to know how to get the judge to look at the supplied info, we have even sent a recorded delivery letter to him addressed private and confidential to get him to at least open the letter

[Anthony22]

Then you must wait until you get a date for the hearing...........But you can start to act upon the following " HCEO MUST pass the details of her claim to the Creditor without delay ie: forthwith/immediately, the Creditor then had 7 days to either admit or refute her claim in writing, if this was not done then the goods MUST be returned to her."

 

I would suggest you write to the HCEO and ask for a copy of the PF23 this is the form used to put your claim to the creditor and PF24 this is the form used by the creditior to admit or refute the claim, once this process has been followed then it is for the claimant to enter an Interpleader to the ownership of the goods removed and for you to defend. This is a very costly route for the Claimant to go down and if he/she lose they will face huge costs to the HCEO and your costs also.

 

WD

All thats been done just the judge will not look at papers sent

[wonkeydonkey]

Do you have a hearing date? I have edited to ask do you have a hearing date SPECIFIC to the 3rd party claim?

 

Unless the Judge at your first hearing specifically ruled he/she would hear the case once all paperwork was submitted,then it is usual for all the "evidence" to be added to the file and then and only then will it be allocated to the Judge hearing the follow on to the claim, the Judge dealing with the initial claim will in all probability not be the same one that deals with "part two"

 

I was involved in complex litigation and attended Court 11 times during the process...I only ever saw the same Judge twice throughout the whole affair.

Edited October 21, 2011 by wonkeydonkey

[Anthony22]

Do you have a hearing date?

 

Its all ongoing at the last hearing I asked about the equipment and letters sent in and he said it is not for him to answer questions and he had not read her letters nor looked at the medical evidence. He has listened to the HCEO and made his mind up. We have a counterclaim hearing but no date set. My wife needs her equipment for medical rehab, the HCEO stated it was mine, my wife has provided evidence to support her 3rd party cliam that its her's. He is has not looked or considered this evidence, we want him to look at the evidence. In the meantime she is unable to do her rehabilitation, which is our main concern.

[wonkeydonkey]

see post 98