DCBL business CCJ sole trader - Data stored on a "controlled" computer

[SpilshySploshy]

Hello

 

A friend of mine let a DCBL bailiff into her home ( it was 6am, they looked like cops and they pushed into the doorway when the door was opened)

 

They waived a Writ of Control to justify entry and refusal to leave.

 

They now have a list of goods under control - one of these is a computer. While I understand they can take the computer, what is the status of the data stored on the machine?

 

In the meantime, I've applied for a N244 to create a payment schedule as she is vulnerable on health grounds (also the reason for not being able to pay the original CCJ that started all this)

 

Thank you

[dx100uk]

whats the CCJ all about?

 

not a parking charge I hope?

[SpilshySploshy]

The CCJ involves goods supplied - the invoices were disputed but found in the claimants favour. Claimant = Ltd company / Defendant = Sole Trader

[dx100uk]

ah so business to business debt

so the property they entered without being invited into was a business property?

[sgtbush]

They can take the pc but must return the hard drive.

This is because

A.. Microsoft windows is a licensed to use product, you dont actually own it, just have the rights to use it and

B personal data, pictures documents cannot be siezed

[dx100uk]

if the PC is stuff all to do with the business they cant touch anything...

[Bailiff Advice]

Hello

 

A friend of mine let a DCBL bailiff into her home ( it was 6am, they looked like cops and they pushed into the doorway when the door was opened)

 

They waived a Writ of Control to justify entry and refusal to leave.

 

They now have a list of goods under control - one of these is a computer. While I understand they can take the computer, what is the status of the data stored on the machine?

 

In the meantime, I've applied for a N244 to create a payment schedule as she is vulnerable on health grounds (also the reason for not being able to pay the original CCJ that started all this)

 

An application to 'set aside' is not often accepted but as the application has been made, it is best to wait a while to comment further. When was the N244 submitted?

 

I am assuming that no payment was made to DCBL?

 

How much is the debt and what charges have been applied?

 

What goods have been listed on the Controlled Goods Agreement?

 

You mention that your friend is 'vulnerable' (on health grounds). Was any evidence provided to DCBL when they attended?

[dx100uk]

n245 vary the judgement might be better.

[SpilshySploshy]

Wow - Thank you for all of your advice

 

The CCJ debt is £4,207

 

1 - She is a sole trader (freelance designer) working from home

 

2 - The N244 was submitted by hand at the High Court in the Strand explaining why payment has not been made (ill health and not able to work)

 

3 - The left a bill for £1111.20 ( an Enforcement Stage Fee) plus £90 ( Compliance Stage Fee)

 

4 - Goods listed on the Agreement are mostly of little value ( a TV ) - the rest are stuff related to work (PC and other tools) - Have invoices for the tools, the PC is old - I've had a solicitor countersign a declaration stating its not her's to lose

 

5 - It makes little sense to lose the tools, she wants to pay but needs the means to pay, which is what I've stated on the N244

 

6 - She is recently out of hospital, the discharge notes are a) attached to the N244 and were shown to the Bailiffs

 

Phew!

Edited April 26, 2018 by SpilshySploshy

[Bailiff Advice]

Has your friend informed DCBL of the N244 Application?

 

Has the creditor been informed?

 

Has the creditor been made aware of the ill health of your friend?

 

Does your friend live in the London area? (just wondering why the 'set aside' application was taken to the High Court in the Strand?)

 

Did the enforcement officer indicate whether or when he would be re-attending?

 

PS: With the pending N244 application and the ill health of your friend (coupled with the fact that very few items have been taken into control) it is probably not worth complaining about the fees charged at this present time.

[SpilshySploshy]

I've Replied in Quote - Thanks

 

Has your friend informed DCBL of the N244 Application?

 

- Not yet, I felt it best to wait to hear from the court

Has the creditor been informed?

 

- As above

 

Has the creditor been made aware of the ill health of your friend?

 

- Not yet

 

Does your friend live in the London area? (just wondering why the 'set aside' application was taken to the High Court in the Strand?)

 

- Yes

 

Did the enforcement officer indicate whether or when he would be re-attending?

- A vague threat this morning to come back and bump up the fees

 

PS: With the pending N244 application and the ill health of your friend (coupled with the fact that very few items have been taken into control) it is probably not worth complaining about the fees charged at this present time.

 

- Understood

 

[AndyOrch]

Have you asked for a set a side on the n244 ?

 

" In the meantime, I've applied for a N244 to create a payment schedule "

 

N245 is the correct form as per post #8 above .

[Bailiff Advice]

 

In the meantime, I've applied for a N244 to create a payment schedule as she is vulnerable on health grounds (also the reason for not being able to pay the original CCJ that started all this)

 

Is there a reason why you decided to submit a 'set aside' application as opposed to an application to 'vary' the court order by way of an N245?

[AndyOrch]

Is there a reason why you decided to submit a 'set aside' application as opposed to an application to 'vary' the court order by way of an N245?

 

They have not submitted an N244 to set a side...they submitted an application to set a payment arrangement BA..only you have referred to it being an application to set a side ?

 

Andy

[SpilshySploshy]

Hi All

 

I was advised by a bailiff advice service to file a N244 with the wording "The applicant applies to the court to stay the writ"

 

I'm guessing I will need to get a N245 in place asking for a hearing to have a payment schedule put into place.

 

My only worry is the bailiffs knocking on her door while I'm getting it sorted

[AndyOrch]

The N245 should have also been used to Stay the Writ....along with arranging a payment plan.

 

No need for the N244

[SpilshySploshy]

OK - Thats great thanks, I'll attend to that tomorrow.

 

Should the N245 have a separate sheet attached that explains the situation?

 

Thank you for your time on this - its very much appreciated

[AndyOrch]

No....simply complete the n245...the fee is £50.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

Did you pay a fee to submit the N244 ?

[dx100uk]

That site you used wants closing down!!

Hope you didn't have to pay to get that useless n244 advice???

[SpilshySploshy]

Thanks again - I will get the N245 submitted ASAP

 

We paid £50 to submit the N244 but no other fees, thank goodness.

 

Does a N245 submission normally lead to a hearing with a judge?

[Bailiff Advice]

 

We paid £50 to submit the N244 but no other fees, thank goodness.

 

Why did you only pay £50? An N244 application fee is £255.

 

What did you actually do with the N244? Who was it left with?

[AndyOrch]

Thanks again - I will get the N245 submitted ASAP

 

We paid £50 to submit the N244 but no other fees, thank goodness.

 

Does a N245 submission normally lead to a hearing with a judge?

 

No ......the court informs the claimant of your offer..they can accept or reject...the court can set payment level of its own accord...or very rarely the claimant can insist on a hearing...but that another procedure for the claimant to action.

 

The N245 is £50..obviously this well versed website has given you the wrong form number.

[SpilshySploshy]

Thanks - the humble designer has learnt a lot this week!

 

Your (and everyone else's) advice has been really helpful and its appreciated

[Eartha]

Sorry, got to come in here. Splishy, the N244 is absolutely fine to use - it's a general application form that's used for stays, set-asides, variations and warrant suspensions. You don't need to spend another £50 on an N245.

[AndyOrch]

Sorry, got to come in here. Splishy, the N244 is absolutely fine to use - it's a general application form that's used for stays, set-asides, variations and warrant suspensions. You don't need to spend another £50 on an N245.

 

But if you wish to use it instead of the official N245...its will cost you £100 without hearing....better use the proper form...its cheaper.