Bailiffs harrassment

[boomer]

Re: Bailiffs harrassment

thankyou. it was the leukemia vaccination he had done apparently whilst he was very ill or so i was told. i did say i would have this vaccination done by my vet and she could collect him 2 weeks later but her queens was already on day 3 of their season so had to be collected quickly and she agreed to have this done and tried to give me the bill. i will try not to worry too much then as i emailed her to bring him back for my vet to look at him, the reply i have is no unless you pay me £20 petrol. i told her if he was ill £20 would be nothing with all the vet bills she would have but she still refused and 5 months later still has him so he couldnt have been that bad. studboy is outside.

[ploddertom]

Re: Bailiffs harrassment

Has anyone suggested you try the Mediation Service?

[boomer]

Re: Bailiffs harrassment

hi ploddertom. i did suggest this to the claimant but she refused. she just wants the money so i have no choice but to defend this. i agreed to a swap aswell or have my boy back and pay her £800 for her studboy but again she refused so i dont know what else to do. it seems its the money or nothing and im not paying her this amount without knowing what its for. i could put this in my defence or inform the judge at the set aside hearing that i have tried all options unlike her who never gave me any warnings about the court case.

[ploddertom]

Re: Bailiffs harrassment

The reason I mentioned it was because it is my understanding that actual Court has to be a last resort from next month and mediation should be tried first, but if one party has refused then this could be marked against them. I may have misunderstood though.

[boomer]

Re: Bailiffs harrassment

i also thought court was the last resort and she should have at least informed me she was taking me, not just ignore my calls and put a claim in straight away. with everything she asked i agreed to except paying her all this money. im hapy to go to mediation but as shes refused not much else i can do. for the sake of my cat i was happy to have him back but there is no reasoning with her. when i spoke to the bailiff office he said why dont you just swap back and not waste court time, i told him i was happy to swap back but after 5 months i will be claiming stud fees.

[ploddertom]

Re: Bailiffs harrassment

i also thought court was the last resort and she should have at least informed me she was taking me, not just ignore my calls and put a claim in straight away. with everything she asked i agreed to except paying her all this money. im hapy to go to mediation but as shes refused not much else i can do. for the sake of my cat i was happy to have him back but there is no reasoning with her. when i spoke to the bailiff office he said why dont you just swap back and not waste court time, i told him i was happy to swap back but after 5 months i will be claiming stud fees.

It sounds to me as if she has just plucked a figure out of thin air. Her POC should have this broken down into different elements. The Bailiff is correct in his thought as I believe a Judge may not be too happy with what may turn out to be a purely frivolous claim on her behalf. You are justified in making a counterclaim but you do need to be able to back this up with proof ie vets bills, professional advice etc.

[boomer]

Re: Bailiffs harrassment

from what i can gather she paid £70 to start the MCOL, the limit for this price is £1500 so guess she is going for the limit. i can prove the cat she took from me hasnt had any vet bills whilst in my care for over a year, also he is a proven stud and can prove he has sired kittens. however i cant prove she has used him to her queens, it was said not written that her queens was in season. i have proof she didnt want the booster vaccination doing, she was having this done. do you think if told to swap back to just do this and forget about a counterclaim. i cant use her boy we swapped as hes still a kitten but my boy is an adult. i dont want to annoy the judge and waste time and even if i did get my counterclaim she wont pay it anyway then i will be paying for enforecement. would rather just get this over and done with and not waste my money.

[ploddertom]

Re: Bailiffs harrassment

My understanding is that she has already had a CCJ awarded in her favour against you - this having been a Default Judgment. On top of the initial £70 she has also applied for a Warrant of Execution which has cost a further £100.

You have rightly applied for a Set Aside - cost £80 and also applied to have the Warrant suspended - cost £45. At your Set Aside you will have an opportunity to put across why the CCJ should never have been awarded initially and hopefully this will succeed and the CCJ will be removed.

At present with it on your file you will have difficulty gaining any type of credit or mortgage for the next 6 years. My point being why should you suffer for something you do not appear to have done in the first place and have been put to unnecessary expense as well.

[boomer]

Re: Bailiffs harrassment

sorry i have more questions.
i received my defendants application hearing date which is in 6 weeks time.
can bailiffs still come out. i didnt pay to have the warrant suspended the court just took my form and said the court will write to me shortly.
can i still be refused set aside?

[boomer]

Re: Bailiffs harrassment

now im even more confused. just spoken to the bailiffs office aparently they still come out to levy goods just incase the case is lost and i owe the money and cant pay.
he did say which i found unusual although we can still come out until the hearing date, i doubt we will bother and i wouldnt worry. now i have been told bailiffs lie. a form to suspend warrant will not take any affect unless the case is lost, it does not stop the bailiff from levying goods. the bailiff did ask where i got my info from and i said a friend, he replied that this friend gave good advise. ( the friend is you guys so thankyou very much).

[pepsie]

Re: Bailiffs harrassment

Lets summarise: A private agreement with another breeder was to exchange stud cats, at the time this took place the other party did not see a need to have the cat in question checked over by a vet. 4 days after the exchange a complaint arose to the cats wellbeing and you at that time offered to take the cat back and have your own vet examine it but the other party declined the offer.

After a few days you put a further offer forward to not only take your cat back but to purchase from her the cat previously exchanged. The breeder was happy for this to take place but the asking price became unrealistic and although you were still open to a sensible asking price it transpired and unbeknown to you a claim was made.

If I have this correct then can I ask what are the particulars of the claim as written?

To comment and having been a dog breeder for many years to which I think I have heard and read every story ever written to the wiles of such agreements.....this is obviously a case of cat swapped and once he has fulfilled the purpose of stud work, resulting in the breeder having been able to introduce a new blood line for future use at no cost to her, your cat can be seen to be superfulous to her breeding program and that the cat exchanged with you had already become superfulous to her breeding programme..she wants to sell on a cat with an overpriced tag that in truth is no good to her... spits dummy out that you are not prepared to meet the asking price and "see you in Court............."yep seen that one before and I can tell you that if you present your case correctly she is going to find her greed and cunning a very expensive extra she had not thought to put into the calculations.

Pepsie

[pepsie]

Re: Bailiffs harrassment

now im even more confused. just spoken to the bailiffs office aparently they still come out to levy goods just incase the case is lost and i owe the money and cant pay.
he did say which i found unusual although we can still come out until the hearing date, i doubt we will bother and i wouldnt worry. now i have been told bailiffs lie. a form to suspend warrant will not take any affect unless the case is lost, it does not stop the bailiff from levying goods. the bailiff did ask where i got my info from and i said a friend, he replied that this friend gave good advise. ( the friend is you guys so thankyou very much).

If you have applied as suggested previously to stay execution while the case is listed for set aside then the bailiff should not be attending at all. If you did not apply as suggested for the Stay then I am sorry to have to tell you this but..the bailiff is perfectly within his right to proceed with executing the Order...you sound as if you have been lucky enough to get a bailiff who knows less than you do about enforcement, but be wary someone doesn't put new batteries in his braincell and he gets to see the light..lol.

[ploddertom]

Re: Bailiffs harrassment

sorry i have more questions.
i received my defendants application hearing date which is in 6 weeks time.
can bailiffs still come out. i didnt pay to have the warrant suspended the court just took my form and said the court will write to me shortly. If the warrant has not been suspended then yes they can still attend, however the County Court Bailiff is usally an amenable person unlike some of the animals from private companies you read about here. I would think they know the application has been made and will await the outcome. He will write to tell you whaen he is coming.
can i still be refused set aside? Yes

PT
PT

[ploddertom]

Re: Bailiffs harrassment

now im even more confused. just spoken to the bailiffs office aparently they still come out to levy goods just incase the case is lost and i owe the money and cant pay. Even if he does attend he has no automatic right of entry and it is very important not to let him in. Providing you also deny him access to any goods outside - a car perhaps - then there is nothing he can do.
he did say which i found unusual although we can still come out until the hearing date, i doubt we will bother and i wouldnt worry. now i have been told bailiffs lie. a form to suspend warrant will not take any affect unless the case is lost, it does not stop the bailiff from levying goods. This where he is now being very econimical with the truth, why would they allow such an application if it cannot take effect. the bailiff did ask where i got my info from and i said a friend, he replied that this friend gave good advise. ( the friend is you guys so thankyou very much).

PT
PT

[boomer]

Re: Bailiffs harrassment

thankyou PT.
pepsie in answer to your question you have summerised the facts well. in her claim its very vague. just says swapped cats, i held the cat for a few minutes then it jumped out of my arms and went into the kitchen. i realised when i got home the cat wasnt what i wanted. the cat has a poorly tummy, i have been lied to. i cant use him and i cant rehome him. i am claiming £1500.
thats it..... now i know the cat is healthy, ok i didnt have time to get a health check done but she took it to the vets 4 days later and yes he did have an upset tummy due to her feeding raw food instead of the food i gave her. i have agreed everything with her but she still refuses. she wont settle for less than £1500. im happy to go to mediation and have my cat back and pay her £800 for her cat but i wont pay her £1000. i will still swap back but she wont even consider this now she just wants £1500 thats it. there is no reasoning with her, ive tried. i didnt even know she was going to court as both vets said theres no problem.