HCEO HELP PLEASE!! formal notice after form 55 notice of seizure

[lambo7719]

received a notification of seizure on 30th November for a debt to a supplier. I have every intention of paying the debt, and always have kept them up to date with my situation. Today I received a 'formal notice', stating that under the writ he has the power to seize my goods etc, the standard letter i presume from searching other posts.

 

I set up in business a year ago, im a floor fitter, carpets vinyl, wood etc, and have a van, and a load of tools to do so. Welanded a few big jobs at the start, and as a result needed office space and storage, so we rented a little shop unit. Since then, the unit is now a fully retail operation, although currently not paying me a wage. One of my suppliers gave me a credit account with a limit of £1000, although I preffered to pay cash/ chq/ card on delivery, that way im not tempted to think i have more money that i do. Unknown to me, this supplier was collecting cash/ chqs/ card etc upon delivery, i would recieve with the goods a delivery note with a brief description of the customers order, and a request for the amount due - i assumed this was the amount due for what i was signing for, however it transpired that i was only paying part of the cost, and the rest was being put onto my account. Pretty rapidly after a busy month or so, I had built up a debt of the £1000 and was told i couldbt oredr until it was paid. i checked it all out and discovered the previous mentioned scenario. At first they agreed to accept 20% on top of my order value each time I ordered, and I offered to pay extra when I could afford it. Seemed good so far, then after a few quiet weeks, I couldnt pay anything, then started again as and when I could. To cut a long story short, I broke my leg in the summer - usually the 'busy period' in the flooring trade, this slowed me down alittle, although I did stil go to work fitting carpets with one leg in a cast.

Then a few weeks after this, the family suffered a really tragic loss of a close family member and i took a week off to grieve.

 

At some point in this period I was apparently sent a court form, the type that apparently gives you time to respond and enter a defense,although I have no recollection of receiving one, the result was a ccj, the first I learned of was when one of the many companies rang offering their services to help me deal with my finances, the next confirmation was the notice of seizure on 30th nov.

 

I called the HCEO and explained, he said that he was instructed to collect and had a warrant so would be returning to remove goods. I explained that I will not allow this, and would use any means to prevent this happening.

 

Now I have this 'formal notice' stating that he will be returning with a van to remove goods. dated 11th dec.

 

As yet he has had no access to our home.

 

Any advice as top what i should do/ say

[ims21]

Hi and welcome.

 

I have moved your thread to the Bailiff forum where the guys will be happy to help as soon as they are available.

[i hate bailiffs]

If you didn't receive court forms /know about this CCJ you may be able to get it set aside

 

With regards to the bailiffs collecting a CCJ they have NO right of entry and can not force entry to a RESIDENTIAL address.

 

are you a limited company

they can levy/remove goods outside your property car van anything of value

[lambo7719]

Is a HCEO different to a bailiff? this is a HCEO, and no, im a sole trader. Cheers

[i hate bailiffs]

i was meaning HCEO when i put bailiff

 

The HCEO has no right of entry to your home but any assets are at risk outside car,van

 

The CCJ is in your name in that case

look at getting it set aside if you never got paperwork

[ploddertom]

Are you in a position to pay off the original CCJ? Is your shop unit open to the public? Is the stock in it bought & paid for?

[lambo7719]

I dont have the funds to pay the ccj in one go, if i were what would that mean? the shop is open to the public yes, and the only things in the shop are stands, which are owned by there respective suppliers.

[ploddertom]

If you had been able to pay it off then as you appear not to have had any documentation you could have applied for Set Aside, which in turn if granted would have wiped the CCJ out possibly. As it is & if you applied for this then you have to admit you owe the debt but not being able to pay it would mean just swapping one CCJ for another. Business debts are usually all classed as Forthwith Judgments meaning you are supposed to pay it all at once, however the more modern Judges are prepared to look at instalments - particularly in the present climate - and for this reason it should be worth you applying for a Variation Order where the Court may set the level of payments. This is an easy enough form to complete - Form N245 from HMCTS website - the cost of the application is £45 or if on certain Benefits or low wage may be waived - see Forms EX160a & EX160c for details. When complete the N245 must be sent to the Court where the CCJ was granted.

 

As for the HCEO - this is more urgent to deal with & the most important application. You apply for a Stay of Execution using Form N244 - cost of application £80 or can be waived as above. This form must be returned to the High Court or any County Court acting as a District Registry. Your grounds for applying for this are:

i - you cannot afford the fees demanded - send I&E as proof

ii - pending determination of a Variation Order application - provide details of application

iii - the HCEO is threatening to remove & sell your vehicle & stock

I cannot stress how important it is to submit this, & can help fil the form in.

[ploddertom]

Your Van. Is it sign written? Is it insured for business purposes? Are you the only insured driver? Has the HCEO gained access to your shop or home? If so has he levied on any goods & if so has he left a Notice of Seizure?

[lambo7719]

van is plain white, and just for work, so insured for business use, i am also the only insured driver, HCEO has not gained access, and will not. He left a notice of seizure thru the letterbox in nov, but hasnt actually levied ion anything

[ploddertom]

Providing you deny him access to any goods he can levy on he is actually pretty powerless. The Form 55 may lead you to believe he has seized all your worldly goods but this is just more to encourage you to cough up. The Writ itself is valid for 12 months but may be renewed upon request. You can tough it out and hope they return it to your Creditor as unenforceable, they in turn can ask another HCEO to take it on or find another means of enforcement. Or you can go through the process listed previously.

[tomtubby]

Ploddertom....as always....good advice.