help took my car

[ploddertom]

A car is not an essential tool to get to & fro from work regardless of the distance you have to travel.

 

It is not the Bailiff's problem how you get there & back as there may be public transport if available or a taxi if not.

 

Tough I know but that is how it is.

 

Not all that are self-employed can claim either dependent on what they are actually doing

 

- a carpet salesman with a few samples is one that springs to mind whereas a joiner carrying his tools probably would.

[ploddertom]

so i,ve lost my car then. if i can,t pay

 

Please answer questions in Post 23.

[Jamesx81x]

Well if that's the case just another thing that's wrong with this disgraceful industry

[wonkeydonkey]

If you would care to expand and reply to PT's posts with some detail, both he and I can probably advise you to the actions available to you that would ensure your car is not sold.

 

WD

[ploddertom]

Well if that's the case just another thing that's wrong with this disgraceful industry

 

Very true.

[ploddertom]

Getting back to the OP, next set of questions.

 

Did you know about the original CCJ? If so did you defend or make an offer of payment? Have you moved since the CCJ was awarded?

[syldan]

What do you do as self employed? Is this a car or van? Is it sign written at all? Who is insured to drive? Is the insurance for sole business use? Is the vehicle on any credit and if so which?

 

carpenter just me and insurance to & from work

[syldan]

Getting back to the OP, next set of questions.

 

Did you know about the original CCJ? If so did you defend or make an offer of payment? Have you moved since the CCJ was awarded?

 

i think so but didn,t attend at court

[ploddertom]

carpenter just me and insurance to & from work

 

I assume you carry your own tools? Have you advised SF of this & if so what documentation have you sent them?

[syldan]

I assume you carry your own tools? Have you advised SF of this & if so what documentation have you sent them?

 

yes carry my tools to & from work as never in the same place long as i travel from job to job.

 

havn,t sent nothing to them as all my v.a.t reciept in car.

 

what could i send to them

[syldan]

yes carry my tools to & from work as never in the same place long as i travel from job to job.

 

havn,t sent nothing to them as all my v.a.t reciept in car.

 

what could i send to them

 

i did call them to if i could get my belongings and said they will call back ,but never heard nowt

[ploddertom]

i think so but didn,t attend at court

 

We'll have to assume you cannot apply for Set Aside. However you may still apply for a Variation Order whereby the Court can set the payments to be made. You may apply for this on Form N245 - from HMCTS website - and will also need to submit a fairly comprehensive I&E. The cost of the application is £45 but if on certain Benefits or low wage then you may apply to have the fees waived - Forms EX160a & c refer. Best to print 3 copies out. The Form(s) must be returned to the Court where the CCJ was granted.

 

The 2nd and most important application to make is for a Stay of Execution against the High Court Enforcement Officer. This is applied for on Form N244 and the cost of this application is £80 and if appropriate can claim to have the fees waived. The Form itself looks a little daunting but is actually reasonably easy to fill in. Here's a guide as to what to put on it:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

iii - you are self employed but the HCEO has removed your car which you need for work and is threatening to sell it

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

This form needs to be returned to the High Court or a County Court that acts as a District Registry of the High Court. It is best taken in person when the Court opens and you explain the urgency of the application - the HCEO intends to sell your car - in many cases a spare Judge can be found who can hear your application immediately. If granted you must SF ASAP & explain you have a Stay and the terms of it, be prepared to say what date, which Court, which Judge etc. Some Courts provide the paperwork straight away or you may have to have it sent to you, when you have it send copies to SF immediately. Time is of the essence as your car is at risk of being sold early next week. If unsure of which Court to o to let us know which area you live in and we'll give a list of where you may be able to go to. In my view you must do this tomorrow, Monday may be too late.

[syldan]

We'll have to assume you cannot apply for Set Aside. However you may still apply for a Variation Order whereby the Court can set the payments to be made. You may apply for this on Form N245 - from HMCTS website - and will also need to submit a fairly comprehensive I&E. The cost of the application is £45 but if on certain Benefits or low wage then you may apply to have the fees waived - Forms EX160a & c refer. Best to print 3 copies out. The Form(s) must be returned to the Court where the CCJ was granted.

 

The 2nd and most important application to make is for a Stay of Execution against the High Court Enforcement Officer. This is applied for on Form N244 and the cost of this application is £80 and if appropriate can claim to have the fees waived. The Form itself looks a little daunting but is actually reasonably easy to fill in. Here's a guide as to what to put on it:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

iii - you are self employed but the HCEO has removed your car which you need for work and is threatening to sell it

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

This form needs to be returned to the High Court or a County Court that acts as a District Registry of the High Court. It is best taken in person when the Court opens and you explain the urgency of the application - the HCEO intends to sell your car - in many cases a spare Judge can be found who can hear your application immediately. If granted you must SF ASAP & explain you have a Stay and the terms of it, be prepared to say what date, which Court, which Judge etc. Some Courts provide the paperwork straight away or you may have to have it sent to you, when you have it send copies to SF immediately. Time is of the essence as your car is at risk of being sold early next week. If unsure of which Court to o to let us know which area you live in and we'll give a list of where you may be able to go to. In my view you must do this tomorrow, Monday may be too late.

 

chatham kent

 

will do that tomorrow morning. thanks

[ploddertom]

Canterbury, Maidstone, Medway - it's in Chatham

 

The above County Courts all have District Registries attached to them. I do know of one person with similar issues to your own who used Canterbury. Sometimes you have to be persistent as not all Courts are used to dealing with requests for Stays of Execution. I have an early start in the morning so must retire. I have asked someone else to keep an eye open for the next hour so should you have any queries.

[wonkeydonkey]

If your car is insured for business purpose then email (followed by a hard copy recorded delivery) SF and make a claim to the car being a tool of your trade.

 

WD

[syldan]

Canterbury, Maidstone, Medway - it's in Chatham

 

The above County Courts all have District Registries attached to them. I do know of one person with similar issues to your own who used Canterbury. Sometimes you have to be persistent as not all Courts are used to dealing with requests for Stays of Execution. I have an early start in the morning so must retire. I have asked someone else to keep an eye open for the next hour so should you have any queries.

 

can,t find ccj ref no or what court issued it .

is they anyway i could find it

[wonkeydonkey]

Sherfarts should have left you a form 55 (notice of seizure) at the top is a reference to the transfer from xxx court the ccj ref no and the writ number?

 

WD

[syldan]

Sherfarts should have left you a form 55 (notice of seizure) at the top is a reference to the transfer from xxx court the ccj ref no and the writ number?

 

WD

 

no form 55 left just done a search trust for hco came black clean

[wonkeydonkey]

If they have seized and removed your car they were legally required to leave you the correct paperwork...so what did they actually leave with you???

 

Email them and ask for the writ details.when you make a claim to the car being the tools of your trade.

 

WD

 

 

WD

[syldan]

just a standard notice how to pay

 

 

and removal of goods copy

[ploddertom]

This sounds unusual even for SF. On their 1st visit they normally leave a letter/form telling you they have called. To remove the car will require another 2 pieces of paper, a Notice of seizure & a Removal Notice.

[syldan]

this is what i,ve recieve to date.

 

warning notice, removel of goods 26/11

 

warning notice .removal of goods 27/11

 

 

warning notice removal of goods 03/12 how to pay sherfart 03/12 and removal of goods inventory receipt when car was taken 03/12

[syldan]

just done a search on trust on line high court orders.

 

it came back clean, does that mean no writ number

[ploddertom]

just done a search on trust on line high court orders.

 

it came back clean, does that mean no writ number

 

Registry Trust only holds records of CCJ's, you will need this number as well. To get the Writ No you will have to ring SF, but it really should be on the paperwork you have.

[tomtubby]

Good advice as always Ploddertom !!!