desperate help needed

[quequeg]

hi

 

please help i have had a judgement entered against my partner and is now with an HCEO and are using the sheriffs office based in croydon,

 

my partner never knew this was going to court as we received no documentation,

 

my questions are what is a sheriffs office and what powers do they have

 

also can i get them off my back as thier fees are £1279 including vat original judgement was £1056.00

 

i have got an application form n245 to suspend the warrant

 

and i am submitting an n244 form and asking for the judgement to be set aside,

 

what i want to know is what will stop action in the meantime as im worried that they will turn up and take everything before the courts receive these forms.

 

also can i do this through my local county court, as this case was heard in croydon, also if im successful in getting this case reheard will they hear the case in my local court?as we are over 300 miles away from Croydon

 

this case is about some one claiming against my partner for a car accident when our vehicle was parked and he reversed in to us

 

i need some expert advice and know im in the right place to get it

 

regards

Kempy

[dx100uk]

show the bailiff a copy of the forms

 

clearly state that you knew nothing about the court case and you are getting it set aside

 

they have no power of forced entry

 

dx

[brassnecked]

If you could give a little more background, it will enable better targeted help. What is the debt for, and are you or/and your partner, either on low income or benefits, or partial benefits, and is there any long term helth issued in the family or a disability?

 

Thisis merely to establish the best advice for the situation. the most important move at the moment is the stay, as this will stop enforcement by the HCEO,

 

You have come to the right place, and I'm sure those who know more about HCEO'a will be along soon, ploddertom and wonkeydonkey will be the best for this one, so they will likely drop by at some time.

[wonkeydonkey]

N244 will be suitable to apply for set aside and stay of execution to the writ of Fi 'Fa', if you are on a low income or any benefits you will also need form ex160

to apply for fee remission. You can file at your local Court and the set aside will be transferred from the original Court to your local one, it is always better to take the completed forms to the Court in person and explain the urgency to the stay, often they can find a 'spare' Judge to look at the application there and then but if they have a heavy list they will ask you to leave it with them and it might take a day or two to be seen.

 

You can advise the SO you have made the applications and if in the interim period they do come back, that is not a problem as all you need to do is refuse them entry to your home and make sure there is nothing outside on which they can levy (a car), they cannot break in to your house but they are allowed to break into a detached outbuiding or garage. I doubt they will bother you once they know the application has been submitted..

If you need help with the N244 we can help...if you need help preparing for set aside, again we can help, all you need to do is ask.

 

WD

[quequeg]

hi

 

this is for a car accident that my partner was involved in [ the man who has taken us to court reversed in to us,]

 

i have spoken to the sheriffs office this morning and have told them i am submitting a n244 form and an n245 form, he has replied that this will not stop the action being taken against us as the judge may throw the stay out he has told us that we need to enter in to a repayment plan with them and this will slow down the process,

 

on the attendance to remove letter he pushed through the door he has written in the space that all items are now in their possession he has not been inside my property at all,

 

the original hearing took place in the Croydon high court,

 

what are the chances of this being set aside ?

 

he did say that if i dont enter in to a repayment plan they will attend and remove goods

 

regards

kempy

 

many thanks for the advice already given

[wonkeydonkey]

hi

 

this is for a car accident that my partner was involved in [ the man who has taken us to court reversed in to us,]

 

i have spoken to the sheriffs office this morning and have told them i am submitting a n244 form and an n245 form, he has replied that this will not stop the action being taken against us as the judge may throw the stay out he has told us that we need to enter in to a repayment plan with them and this will slow down the process,

 

Once the N244 (and I repeat this is the only form you need) is submitted the SO can try to enforce if that is what they want to do...on the attendance to remove letter he pushed through the door he has written in the space that all items are now in their possession he has not been inside my property at all,

they know they are on a loser with their claim to have 'seized all goods'... they cannot attempt to remove 'everything' as among 'everything' will be goods that are exempt from siezure and goods possibly subject to a 3rd party claim....goods subject to a 'siezure' must be clearly laid out in an inventory prior to attending to remove them and they have not done an inventory as they have not been in your home to see what goods are available to them so that is nothing more than a scare tactic

the original hearing took place in the Croydon high court, the set aside will be heard in your local court and the Claimant will have to come to you if he wants to proceed with his claim!!!

 

what are the chances of this being set aside ? If you have no knowledge of the claim and have not received notice to the claim then you have every chance to getting set aside, have you moved house by any chance since the accident took place?

he did say that if i dont enter in to a repayment plan they will attend and remove goods as I said he has no inventory to the goods he alleges he has the right to remove and he has already overstepped the mark to suggest he has 'siezed all goods'

 

regards

kempy

 

many thanks for the advice already given

 

I can assure you the 'removal' of your goods will not take place and you do not have to enter into a repayment plan as you are not admitting the money in the claim is owed by you...hence the reason to applying for set aside????

 

WD

[wonkeydonkey]

trust me on this ....please

[wonkeydonkey]

To save time waiting for one Court to communicate with another....I suggest you send the set aside to Croydon and make a second application to the stay at your local Court both need to be done on form N244...what is puzzling me is, if this is a claim resulting from an accident then it is the other party's Insurance Company that should be making this claim and not an individual??

 

WD

[brassnecked]

Follow what WD has suggestesd and ignore the drivel SO has spouted, he CANNOT issue a global levy as he has attempted, he would be laughed out of court, and as you are applying for stay and set aside all his fees go away, so no repayment plan period, he can foxtrot oscar.

[ploddertom]

 

i have spoken to the sheriffs office this morning and have told them i am submitting a n244 form and an n245 form, he has replied that this will not stop the action being taken against us - they are allowed to continue enforcement up until such time the Writ is satisfied or you have been granted a Stay of Execution - as the judge may throw the stay out he has told us that we need to enter in to a repayment plan with them and this will slow down the process,

 

on the attendance to remove letter he pushed through the door he has written in the space that all items are now in their possession he has not been inside my property at all, - it may say the moon is made of cheese but until such time they can gain entry and make a levy on any of your goods he is as much use as a one legged man in an ar*e kicking contest

 

the original hearing took place in the Croydon high court, - it should say somewhere on the front of the Form 55 you have that it was sent by Certificate from xxxxxx County Court on 31/02/2099 or words similar to that

 

 

Please note that at no stage can they force entry to your home unless they have gained peaceful entry previously.

 

PT

[quequeg]

thank you for all your help so far,

 

im a little confused as to what the difference is between a sheriff officer is and a bailiff do they not have different powers, and what is a high court enforcement officer a bit confused here,

 

i think the reason the individual has taken us to court is because his insurance company representative came out to see my partner while i was at work and my partner told them what had happened and they said they would look in to it and that was the last we heard so we think they told him he could not claim

 

is there no way the sheriff officer can force entry or use a locksmith and have the police present when they do this to gain entry we are just worried about this

 

again thank you for your help

kempy

[ploddertom]

thank you for all your help so far,

 

im a little confused as to what the difference is between a sheriff officer - forget this for now as I think you are getting confused with the name of the company - is and a bailiff do they not have different powers, and what is a high court enforcement officer a bit confused here, A Bailiff & a HCEO are broadly similar, although the HCEO does have slightly more powers but for your purposes they are the same.

 

i think the reason the individual has taken us to court is because his insurance company representative came out to see my partner while i was at work and my partner told them what had happened and they said they would look in to it and that was the last we heard so we think they told him he could not claim - did you inform your own Insurance Co of what happened?

 

is there no way the sheriff officer can force entry or use a locksmith and have the police present when they do this to gain entry we are just worried about this 100% definitely not, he has to gain peaceful entry first ie you have to invite him or he gains access because you have left the door open or unlocked. Even if he knocks on the door you do not have to allow him in regardless of anything he may say.

 

again thank you for your help

kempy

 

PT

[quequeg]

thank you so much,

 

as for our insurance the only damage to our car was the grill plate came out which i put back in when i got home other than that there was no damage to the car,

 

also for information this sheriff officer called at my house at 6.30 am on Wednesday morning also he said if they needed to they would call in the evening to do a removal are they allowed to do this call so early ? and so late in the evening ?

 

thank you PT and WD and everyone else for your help and support

[wonkeydonkey]

Technically they can call between 5am-9pm Mon-Sat'

 

I suspect your claimant is a 'chancer'....you only have a limited amount of time from the date you became aware of this claim to get your application to set aside in, the Courts will rarely agree set aside if you do not take action unless there are exceptional circumstances, so please do not hang about . If you prepare the Particulars to accompany the set aside and stay correctly, then I can see no reason for either to be refused... have you checked the details for service of this claim are correct or have you moved house since the accident?

 

Rest assured the HCEO will not force entry so keep doors and windows locked both back, front up and down, under no circumstances regardless of what he/she tells you allow them access to your home, if you have a car I suggest you park it elsewhere until the applications are in the Courts hands.

 

WD

[quequeg]

hi

 

we have not moved home the first thing we knew about it being at court was when we had a letter from the bailiff pushed through our letter box about 2 weeks ago, i guess my partner was worried about telling me,

as soon as i saw the second letter from him pushed through the letter box on Wednesday morning i started to deal with it,

 

once again thank you so much

 

kempy

[quequeg]

hi

 

quick piece of advice needed

i have today phoned Nottingham county court and gave them the claim number on the letter the bailiff gave to us, however the claim number belongs to another case to do with TNT, i have e mailed the sheriffs office explaining this and now await there reply, they may have made a mistake, what do i do now as i cant put in to court the n244 form until i have this is there a way i can get this from anywhere else ?

 

any advice gratefully received

 

thanks

[ploddertom]

If you go to the Registry Trust website and look for your name there it should give you the CCJ No - this is a chargeable service. Alternatively you may join one the CRA's - Experian, Equifax or Call Credit - you can get a free trial but remember to cancel it, or try Noddle for a free account.

[caledfwlch]

hi

 

quick piece of advice needed

i have today phoned Nottingham county court and gave them the claim number on the letter the bailiff gave to us, however the claim number belongs to another case to do with TNT, i have e mailed the sheriffs office explaining this and now await there reply, they may have made a mistake, what do i do now as i cant put in to court the n244 form until i have this is there a way i can get this from anywhere else ?

 

any advice gratefully received

 

thanks

 

I would phone the Sherrif's office tomorrow - did the paperwork he left even have your name on it?

 

And as Wonkey says, do NOT worry about removal of goods he cannot. It is not acceptable to just write "television" he would have to touch it and note it properly like "Samsung 32" tv, black" "All goods seized" is not remotely acceptable, and the fact he can not name the make and type of goods is proof enough that he has not made peaceful entry.

[quequeg]

many thanks

 

will try the credit reference agency