Bailiffs harrassment

[labman]

Re: Bailiffs harrassment

Thank you - very helpful. Have you thought of making a Statutory Declaration?

I was not intending to cause offence by saying it felt as though things had gone off track. I'd got lost with the talk of stud cats etc.... and did not want advice suffering because of the light hearted slant which is fine.

[CleverClogs]

Re: Bailiffs harrassment

contacted the bailiff office and given them a copy of the paperwork which i sent to the court.... answer until the hearing is heard bailiffs are within their rights to do a walking possession.

I have told you before:

Bailiffs tell lies.

They might be "within their rights to do a walking possession" but, frankly, I'd doubt it. Even if they were, they could only do so on goods and chattels outside your house, as they have no right of entry unless you are sufficiently unwise as to let the buggers in.

You're not going to do that, are you?

[boomer]

Re: Bailiffs harrassment

no i hadnt thought of that labman thankyou.
no way am i letting bailiffs in my home, i havent been found guilty of anything. all ive done is swapped cats with a breeder now 4 months later she wants to swap back. my cat has had a clean bill of health for over a year whilst with me so how he can be ill after shes had him i dont know. the only thing in the garden is a broken lawnmower, was going to the tip but thought bailiffs can have it, save me a journey.

[boomer]

Re: Bailiffs harrassment

i filled out the N244 form and sent cheque of £80. this was cashed at northampton bulk centre 28th february. i was then told the case had been transfered to my local court so sent a copy of the N244 form to the court aswell which they got on 9th march. still havent heard anything. i phoned the court manager and he said it was being dealt with but they are very busy even for an emergency hearing could take 2 weeks, bailiffs are back tomorrow or friday even though they know about the judgement being set aside which ive asked for. until i get a hearing is there anything else i can do? is the satatory declaration the same as the N244? i dont see how you can have bailiffs around if you are contesting the case. surely somebody cant just say you owe me £1500 - £2000 when you havent done anything. there was no warnings about the court case from this breeder, she just banged in a claim and thats it.

[CleverClogs]

Re: Bailiffs harrassment

is the satatory declaration the same as the N244?

No - a statutory declaration is sworn before a Commissioner for Oaths. Many/most solicitors will do this, for a nominal fee.

The following was posted by labman in another thread:



STATUTORY DECLARATION (amend parts in red – Declaration is easily amended to
swear property belongs to one person in a house)


I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge or any correspondence from [NAME OF MAGISTRATES’ COURT/COURT/AUTHORITY] following an alleged [OFFENCE/LIABILITY/DEBT] on [DATE] for [NATURE OF OFFENCE/DEBT]

From information provided to me today by the [MAGISTRATES’ COURT/OTHER COURT/AUTHORITY] I am informed that a hearing for this matter was held in my absence where I was [FINED/MADE LIABLE TO PAY THE AMOUNT OF £AMOUNT]. The reference number for this case is: [REFERENCE]

AND THAT:

Notification of this [FINE/LIABILITY/DEBT] first came to my attention on [DD/MM/YYYY] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a [DISTRESS WARRANT/LIABILITY ORDER/ORDER FOR RECOVERY] dated [DATE IF KNOWN] and that he required the sum of [£AMOUNT].

I genuinely do not remember receiving any notice of this [FINE/LIABILITY/DEBT].

I subsequently made an application on [DD/MM/YYYY] for the judgement be set aside as the case will be defended by myself.

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:



Before me:

Solicitor/Commissioner for Oaths:

[labman]

Re: Bailiffs harrassment

Couldn't have put it better myself CC! lol

[boomer]

Re: Bailiffs harrassment

thankyou, this is very helpful. i will get this done.

[ploddertom]

Re: Bailiffs harrassment

Doing a bit of catching so have only been speed reading. If I am right in my my assumption you have applied for Set Aside on Form N244 but are still having hassles from what appears to be the County Court Bailiff. If so he can be halted in his tracks by applying for Suspension of the Warrant of Execution, this is done on Form N245 - Variation Order or Suspend Warrant
http://hmctsformfinder.justice.gov.u.../n245_0204.pdf

This should be taken in person to your County Court - if that is where he is coming from. Once the application is accepted you should go to the Bailiffs Office and advise them what you have done. I would then be very surprised if he decided to ignore the application.

If on certain Benefits or a low wage you may not have to pay the fee - £40/£45 -
Form EX160A - Court Fees Remission
http://hmctsformfinder.justice.gov.u...ex160a_eng.pdf
EX160C - Extended Table of Contributions
http://hmctsformfinder.justice.gov.u...ex160c-eng.pdf

[boomer]

Re: Bailiffs harrassment

thankyou ploddertom, i will go to the court tomorrow morning and get this done.
this has been a great help, many thanks.

[ploddertom]

Re: Bailiffs harrassment

Don't forget you can fill the N245 in online and print it off - take 3 copies. It is a relatively simple form form to fill in.

[boomer]

Re: Bailiffs harrassment

thankyou ive done this. i have been assured bailiffs will be stopped today which is good. i have a copy of the claim form. my defence is quite weak. all i have is she saw the cat, liked him and took him. the claimant has put down she changed his diet and he had a tummy upset and she is claiming £240 for extra cat litter she had to use. she is refusing a swap and wants money. she states when she got home she realised the cat wasnt what she wanted. she saw the cat before she done the paperwork so why did she then take him? how can something so stupid get to the bailiff stage or even court? ive told the court i will have a counterclaim so just have to wait for a hearing now to set aside judgement. if i dont get this its all over.

[valeriej43]

Re: Bailiffs harrassment

As i have suggested before, get a written report from your vet as to the health of the cat before she took him, and also a statement of the conversation between your vet and hers, stating the treatment he had from her vet ,as she is claiming he is on lifelong medication,--for what?

[CleverClogs]

Re: Bailiffs harrassment

As i have suggested before, get a written report from your vet as to the health of the cat before she took him, and also a statement of the conversation between your vet and hers, stating the treatment he had from her vet ,as she is claiming he is on lifelong medication,--for what?

For depression arising from now "belonging" to Cruella de Ville?

[boomer]

Re: Bailiffs harrassment

spoke to the vet he is now writing a report for me. i also have my court papers and the cat is having vitamin vaccinations. not for life just 2 vaccinations, there is nothing anywhere stating the cat is on life long medication. when i spoke to my vet he said he didnt know of any medication this cat can possibly need and is writing this in the report aswell.
------------------------------- merged -------------------------------
forgot to add, the vaccinations is now, shes had him for 5 months so how can this be my problem? surely if the cat was ill her vet wouldnt have given the cat a booster vaccination as it would have been to ill. i thought cats had to be 100% healthy before having vaccinations done.

[astraldream]

Re: Bailiffs harrassment

If this goes to court the person you swapped the cat with wont have a leg to stand on.
As i have stated before if they are saying the cat was ill and you are to blame they should have notified you straight away and she should have returned the cat or you both would have to agreed on the vet treatment.
She kept the cat and she chose to take it to the vet and she would have told the vet to go ahead with treatment now you should have been given the chance to get a second opinion from your own vet if they were wanting money.
And with regards to vaccinations, it would depend on the overall health of the cat if they were vaccinated. Are they house cats? what are they vaccinated for? If the cats immunity had een compromised then no a vaccination would not be given but the vet would have to think that the cats immunity is low not to vaccinate.