help with bailiff and n244 form..unpaid business rent

[lewlew]

This is a long story so quick summary is as follows;

 

In oct 2014 i got a ccj for unpaid business rent made against me it went to a collection agency and i set up monthly payments then defaulted in jan this year it went to court enforcement services ltd and finally an enforcement officer visited on 6/7/16

 

I told him i couldn't pay he then managed to get me to sign a controlled goods order on my husbands car(stupid i know) and told me to pay £500 the following monday. i rung payplan debt charity and after going through my finances they advised a DRO but i cant get it until the CGO is removed as is counted as a secured debt they said this should be easy to do as the car is my husbands property and not mine and the debt is in my name only.

 

Turns out this is not easy to do at all! i have spoken to countless people and all have given me conflicting info. on my adventure to remove this CGO i have found that some of the debt the claimant wants is not actually mine as somebody else rented the shop i owe for during my tenancy but i am struggling to find actual proof.

 

A couple of people have said to get the judgement set aside with an n244 form but i now don't know what it is i am asking to have set aside the bailiff or the whole judgement from the landlord.

 

hope this makes sense to somebody any help would be appreciated

Edited July 15, 2016 by Andyorch
Paras added

[unclebulgaria67]

Not sure the set aside is the way forward, as you accepted judgement and started to pay it. You have only since found that part of the judgement amount is not owed by you.

 

Your husband might be able to go to court to state his ownership of the car and that is not yours, therefore the CGO should be removed. I believe there is a process for this and others might be able to advise cost.

 

Have you contacted the creditor the money is owed to about this mistake in regard to the amount owed. I think you should do that, as i believe the creditor can contact the court to correct the judgement amount, rather than you make a court application about the judgement, which would cost you a fee, unless you are on low income or benefits.

[lewlew]

contacting the creditor might be worth a try first he is just a very difficult man to deal with!

[Coughdrop]

The link below sets out the process very clearly for reclaiming third party goods. It's the simplest explanation I've found so far. I'm unsure about the set aside, so will leave that for others to advise on.

 

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/belongings-owned-by-other-people-bailiffs/

[lewlew]

thanks, i have been to the CAB and the adviser there informed me of a little known thing of marital assets that only seem to apply to bailiffs he said their agreement was valid

[wonkeydonkey]

This is a long story so quick summary is as follows;

 

In oct 2014 i got a ccj for unpaid business rent made against me it went to a collection agency and i set up monthly payments then defaulted in jan this year it went to court enforcement services ltd and finally an enforcement officer visited on 6/7/16

 

I told him i couldn't pay he then managed to get me to sign a controlled goods order on my husbands car(stupid i know) and told me to pay £500 the following monday. i rung payplan debt charity and after going through my finances they advised a DRO but i cant get it until the CGO is removed as is counted as a secured debt they said this should be easy to do as the car is my husbands property and not mine and the debt is in my name only.

 

Turns out this is not easy to do at all! i have spoken to countless people and all have given me conflicting info. on my adventure to remove this CGO i have found that some of the debt the claimant wants is not actually mine as somebody else rented the shop i owe for during my tenancy but i am struggling to find actual proof.

 

A couple of people have said to get the judgement set aside with an n244 form but i now don't know what it is i am asking to have set aside the bailiff or the whole judgement from the landlord.

 

hope this makes sense to somebody any help would be appreciated

 

There are a few things that need to be clarified, at the time the cg was entered into was the car in question on finance (HP)? has your husband made a third party claim to the car?

 

With regard to the tenancy, was the Landlord aware the premises were no longer being used by you and did h/she agree to the arrangement for someone else to take over the lease?

 

Have you asked the LL for a copy of the rent arrears to show when from and to, you owed rent.

[unclebulgaria67]

I don't think a husbands car can be claimed as joint property for a sole debt owned by their wife ?

[wonkeydonkey]

I don't think a husbands car can be claimed as joint property for a sole debt owned by their wife ?

 

That is correct, the only exception being if the goods are jointly owned in which case the goods can be taken into control.

[Coughdrop]

In addition to the above, have you transferred the car to your husband since the Notice of Enforcement was issued? Were you previously the registered keeper at any stage?

[Peterbard]

Hi

 

What were the terms on the CGA are these unavoidable?

 

Have you made any payments so far ?

 

Is that agreement now in default ?

[Peterbard]

Also this was a CRAR action so are you and your other half joint tenants in the property ?

[Peterbard]

As for setting aside, presuming that this is a CRAR action the set aside application will be against the notice of enforcement as there will be no order, sorry only just seen the question.

[doggone it]

Need more information.

 

Trading Status - Sole Trader, Partnership, Ltd Co?

Did you sublet & if so with or without the LL permission?

If you didn't sublet then how does the difference arise?

[Bailiff Advice]

This is a long story so quick summary is as follows;

 

In oct 2014 i got a ccj for unpaid business rent made against me it went to a collection agency and i set up monthly payments then defaulted in jan this year it went to court enforcement services ltd and finally an enforcement officer visited on 6/7/16

 

I told him i couldn't pay he then managed to get me to sign a controlled goods order on my husbands car(stupid i know) and told me to pay £500 the following monday. i rung payplan debt charity and after going through my finances they advised a DRO but i cant get it until the CGO is removed as is counted as a secured debt they said this should be easy to do as the car is my husbands property and not mine and the debt is in my name only.

 

Turns out this is not easy to do at all! i have spoken to countless people and all have given me conflicting info. on my adventure to remove this CGO i have found that some of the debt the claimant wants is not actually mine as somebody else rented the shop i owe for during my tenancy but i am struggling to find actual proof.

 

It has been a very busy week so please forgive me if I am wrong, but I seem to remember that I spoke with you earlier in the week. You were considering going to the County Court to get a Statutory Declaration signed and my initial advice to you, was that this was not the correct route. I think that you also sent me a query via my website.

 

To comply with Data Protection requirements, all our enquiries are deleted after they are responded to, so I cannot look back on any notes. I will have to rely upon my memory instead.

 

If I am right, a CCJ was obtained against you in relation to unpaid rent for a shop that you rented. The CCJ is in your sole name, but the debt arose after you were married and I informed you that under the 2014 bailiff regulations, an enforcement agent can seize 'jointly owned' goods. It was this point that was of importance. I think (and again I may be mistaken) that I informed you that the correct procedure is for your hubby to submit a 'Part 85' claim to the enforcement agency on the basis that the vehicle is his.

 

Given the additional information provided by you in this thread, it would seem that there may be scope for you to consider an N244. I am not the best person to advise of these. Wonkey Donkey or Ploddertom are the experts, and hopefully one of them will pick up this query sometime today.

[Peterbard]

Sorry Lewlew, I was confusing your query with another which is an ongoing rental.