HCEO clamped my car, i removed it, old Landlord got CCJ - help!

[headache123]

thanks.

 

i finally managed to get on the computer. been well stressed out today and been hiding away .

 

they were back again today banging down the door and not happy.

 

said they would be back!

 

how many more times will they come back?

 

finding hard to live in peace.

[headache123]

how can i ever drive my car again or park it on my driveway?

im feeling very scared in my house.

 

i refuse to pay them as i do not owe them any money.

 

the place where they clamped the car, where it has disappeared from.

 

can i continue to stay there?

 

feel so scard going in and out of the house.

 

thinking they will be back in th emorning.

cant go to work- feeling very distressed.

will they give up?

 

the debt the claimant was wrongly askign ofr has now tripled by the high court bailiffs.

 

they keep kncking at that door,

but i am not the tenant or hoem owner there.

 

what can teh person whois do to stp them returning?

 

thanks

[Conniff]

If the person they are asking for on their piece of paper is not you, then show them some id to prove it and they will stop chasing you. the same goes for the person whose home it is.

[lookinforinfo]

Headache, you will be able to drive your car once this mess gets sorted out. I know it must be scary for you right now so the best thing you can do is go to bed and get some sleep.

Try and relax-easier said than done I know, but there are experts on this forum who will guide you through it all.

 

You have not let them in, your car is free and you have not paid them any money. Those are all plusses in your favour. Just continue not letting them in until you prove that the debt is

not yours and once that happens, all their stupid charges will be wiped off.

 

Maybe better going to work as they can't pester you there......................and you might be able to get a friend there to make you a cup of tea.

[headache123]

thanks its just scary. i feel scared to walk in and out of the place i live. do they have a certain number of times they visit before they pass it back to the court?

[wonkeydonkey]

You were sent my direct email contact by the site team last night but I haven't heard from you? If you make contact I can take you forward and get this all sorted????

 

WD

[lookinforinfo]

I don't think they have a set number of times that they call. They keep coming if they think that can get money from you. So the quicker you can let Wonkydonkey have the info. needed,

the quicker you will be left in peace.

[brassnecked]

Give the information to Wonkeydonkey, , who will point you in the right direction. If and when they come back, film them with a mobile phone even through the letterbox, and offer them ID to show you are not the NAMED DEBTOR on the CCJ, the film would be evidence of any ultra vires (acting beyon their powers) act or threats. They cannot demand you stop filming it is your right to film them if they are on your premises.

[headache123]

wd - k havent got your direct email? its not in my inbox thanks everyone

[wonkeydonkey]

have you looked in you PM.????

 

WD

[ploddertom]

Top right of screen, look for "Notifications"

[headache123]

thankyou - i getting the hang of this site now lol. wd iv sent you my email thaknyou so much.

[headache123]

hi wd iv sent u and inbox message. just a note the hceo who clampled my car on private propety has no valid sia license to clamp - it ran out some time ago......wondering if thsi makes a difference.

[wonkeydonkey]

I have replied direct to your email address..

 

WD

[Surfer01]

Did any one occupy the premises in the 6 months after you left as the LL cannot benefit twice from the contract?

[headache123]

BACKGROUND - due to a situation goin back 3 years ago taht i was struggling with, i came on the forums for help. in short it was to do with a ll with whom i didnt have a tenancy and whereby i moved out very quickly. i paid him over the odds and left mutually happy. he later applied for a ccj against me and the first i knew was when a hceo tried to remove my car. long stor short - it went to court many times. in the end it went on the ll favour. it was an unfair trial. i wasnt given the chance to appeal either. regretably i represented mysellf. this situation caused me great illness and drained me out emotionally. it also ruined my impending marriage cus i was so under stress i couldnt handle it. (the ll was watching my house etc- made clear in court and admitted to by ll but judge didnt care). the ll won £2650. judgemenmt given a few months ago but credit history is still showing clear - (it was initially set aside).

 

Currently i have a clear credit history and am desperatly trying o buy my first house. but low and behold i recieve a letter in the post. i am financially not entitles to legal aid and have a good job. i am so stressed out and just dont know what to do. This is what i recieved.

original judgement form after case- it is order the defendnat pay to the claimant 2650 before 11 june.

The claimant has permission to file additional particulars of claim in respect of any amounts claimed as a result of enforcement taken against the defendant by 4th june.

so...i dint hear anything till yesterday

 

Got a pack in the post from the courts. theres a letter from the claimant dated 13 june. the ll has wrote the following:

i would liek to apologise to the judge who at the time of teh hearing verbally confirmed to me to file the additional particulares of claim by the 4th of june. however i was under the impression that a confirmation of the same would be sent in writing before i sumbit the additional particular of claim. i now enclose application notice with the original poc and supporting documention. (why would the ll be allowed to do this??? he was explained the 4th repeatedly and even waited behind after the case to be explained! repeatedly he has had unfair advantages and not done things on a timely scale:-x)

 

i have a court form saying i need to file a repsonse by 23 aug with hearing on sept 11. I am not even in the country then as i am away on business and can not face any more stress.

 

these are the fees that are being claimed for - how is it possible to claim for these????:-

fees incurred by the sheriffs office - £2314,84

vat on the said amount at 20% amounting to £462.97

solicitors fees of £500 (made up written reciept attached in paperwork)

additional cost paid to sherifs office £60.00 ( photocopy of chq given in paperwork however, ll was made to give me £60 due to not giving paperwork to me in previous court case in timely manner.

 

dont know what to do. so stressed out. cannot afford legal help. do not undertsnad how he is able to claim the sherrifs office costs??? isnt is the sheriffs office who claim for the claimant not the other way round? i

 

so tired and ill of this. been going on since 2010. please somebody help......

[headache123]

can somebody - anyone help please???

[renegadeimp]

First, CALM DOWN.

 

Second, can you edit your post a little. Between your anger, frustration and rambling, it is hard to ascertain what is going on. That wasnt meant to mock you, just that your post is pretty tough to decipher.

 

You seem to be talking about 2 seperate cases. The first the LL won, and you got landed with the bill, then you go on about another case the LL has taken against you. Where did this come from? What is it about?

[headache123]

:-(sorry. just so stressed out. yes the first the ll won and i got landed with the bill. At the end of the case, the ll was given permission to claim further particulars of claim for enforment. he was meant to do that by the 4th of june. he didnt do this till teh 14th. the particulars he is claiming for is

fees incurred by the sheriffs office - £2314,84

vat on the said amount at 20% amounting to £462.97

solicitors fees of £500 (made up written reciept attached in paperwork)

additional cost paid to sherifs office £60.00 ( photocopy of chq given in paperwork however, ll was made to give me £60 due to not giving paperwork to me in previous court case in timely manner.

so he is claiming for the sherrifs offices behalf??? so that 2314 includes their visits to me, their tow truck etc (one never came).

im trying to buy a house and cannot afford to have anything against me. i am alos not int he country at the time of the case which is in sept and i have been asked to file a response. just dont know what to do.

[renegadeimp]

He cant claim on behalf of the HCEO. It sounds like he is pulling a fast one and thinks the court will believe him.

 

hang tight and try and relax. I'll see if i can get someone more knowledgeable abotu the court system to come and help, although it might be tomorrow they look at the thread.

[AndyOrch]

Hi Headache.

 

Couple of points...I assume you never paid the judgment?

Where are you in the UK?

Does the paperwork allow you to to set a side the Order?

 

Regards

 

Andy

 

Thread moved to Legal Issues.

[headache123]

thankyou. believe me he has pulled many fast ones in the past, like not presenting me with evidence till on the date of the hearing - thats what he was made to pay me 60pounds for. all of a sudden he has sent a photocopy of a chq for £60 for the sherrifs office to me - it dont look real to me? and neither does the solcitiors fees and he only initially had a solicitor who wrote a letter to me at the very beginning going back last year. it was one letter. he had no solicitors ever after that.

wrt sheriffs office - he put a whole breakdwon like i said of their fees such as dvla wehile check etc - yes thats what i thought.

i initiall paid him 2 months money to leave the house - he went and claimed for 6 months saying i had a tenancy - its how it all started. he was clever then and now hes tring to get more money off me.

i dont even have the means to pay the initial order. worried it will start to show on my credit file.

thankyou id appreciate that very very much.

[headache123]

hi no i didnt. i didnt think it was a fair trial. permission to appeal was refused. i wish i never represented myself. i went to a solicitors who were willing to go down the line of error in law (witnesses on ll side were allowed to sit in on whole hearing and speak on behalf of ll) - however, the fee ws £100 an hour at the very cheapest and i did not have the means.

i am in birmingham

within the pack i recieved there is a 'application notice form n244 notes for guidance' sheet attached. thats all i have, so i presume from the guidance notes i would have to fill a n244 form?could i have it set aside? i take it this would be at further financial cost to me? is there any way i ca stop this ll harassing me like this? also i am away from work on the hearing date.

[AndyOrch]

Ok the landlord was allowed to submit further particulars.....why? ...he has just won his case? Once judgment is passed thats the end of the matter...you cant add to it.You need to find out what the dJ allowed and for what reason.This was to be submitted by the 4th June he submitted his application on the 14th June.

 

Now he has made application and submitted his execution costs and still not been paid the initial judgment.How would he know what costs would be involved by the 14th June?

 

When have you recieved this pack and what else does it contain apart from the N244?

[headache123]

at the end of the last hearing when it was given in his favour, he asked the judge repeatedly. as i said it was a very unfair trial. he had not added these costs to his original poc and wanted to add to the particulars of claim - the judge let him. as i said very very unfair.

 

apologies - he wrote the letter to the court on the 17th of june - he was supposed to "file additional poc in respect to any amounts claimed as a result of enforcement by the 4th of June". he had repeatedly not doen things on time.

 

the costs he is asking for are for the sherrifs office stuff he did before the hearing and costs before the hearing.

i recieved this on friday morning.

 

this is what the pack contains:-

general form of judgement of order asking i respond by the 23 august and it is listed for hearing to determine clamants entitlement to enforcement costs on 11 sept

letter from claimant dated 17 june requesting the judge to vary the order to include his new particulars of claim which teh judge has allowed him to do

a completed n244 application notice filled in by the claimant

n244 notes for guidance form

particulars of claim - fees incurred by the sherrifs office £2314.84, vat on the said amnt of 20% amounting to £462.97, solicitors fees of £500 , additional cost to sherriffs office of £60.00

a copy of the breakdown of the sheriffs office fees - to include things like mile fee, dvla check fee etc

a photocopy of a reciept for £500 from the solicitors (who only ever wrote one letter for him)

a photocopy of a chq which in the poc has stated its "additional cost paid to sherrifs office" but on the halifax photocopy chq it says pay hmcts £60.00

letters of feedback from the sherrifs office to the ll stating no reply at the door etc (this was before the last hearing)

copy of original judgement.