Bailiff Seizure of car. Debt is in dispute.

[funkyreptile]

Re: Bailiff Seizure of car. Debt is in dispute.

Think they orignally wanted £9000. do not know what for. Like I said it was a few crumppled bumpers. The Rover Taxi must have been worth maximum of £1500 and my car was bought a month prior for £1000. Taxi man must have put claim in for injury and loss of earnings still do not know how they got it to £9000 though and then back down to £4999.00

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

now to put the icing on the cake

the victim assigned their cause of action to the claimant and notice of this was serves upon the defendant.


did you receive any notice of assignment from mib

in other words

mib paid off the taxi driver and are now after you

were you prosecuted by the magistrates court for no insurance

[funkyreptile]

Re: Bailiff Seizure of car. Debt is in dispute.

yes got 6points and a £200 fine. They said I had a defence because of what happened with the insurance company however I had not presented it properly (I had no legal defence team with me). And as I was suffering with depression at the time I just wanted it over and done with so accepted the point and the fine.
I did not recieve notice from MIB.

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

I did not recieve notice from MIB

law of property act 1925 also me thinks

check back tomorow and ill post up a draft application for you to give the court for the set aside application

[funkyreptile]

Re: Bailiff Seizure of car. Debt is in dispute.

Thankyou so much for your help. I was starting to panic.
I think joining here could be the start of taking back my life.
Got some more issues but one thing at a time!!!!

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

this is all just another money making scam

well mib

this one is a turkey

what i need you to do is go to your local county court and get an N244 FORM

ILL DO THE REST

[labman]

Re: Bailiff Seizure of car. Debt is in dispute.

You can download the N244 form from the 'Useful Links' of the Bailiff Issues section where you posted this. Don't click on 'bailiffs' at the top of the page as it takes you to the wrong section, go to Forums, down to Bailiff Issues and you'll find it in the final sticky there.

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

OK PEOPLE, THIS IS A ROUGH DRAFT ON GETTING SOMETHING ON PAPER, COMMENTS PLEASE,GOOD OR BAD AS WE ARE TRYING TO CONVIENCE A JUDGE TO SET ASIDE A CCJ

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.




THE ABOVE IS A TEMPLATE YOU CAN USE FOR FILLING OUT THE N244 APPLICATION NOTICE

USE THIS LINK TO FILL IT IN AND DOWNLOAD

http://hmctscourtfinder.justice.gov....s/n244-eng.pdf

YOU NEED TO THEN TAKE TO THE COURT THREE COPIES OF THE N244 AND THREE COPIES OF THE WITNESS STATEMENT

IF YOU NEED HELP, PLEASE SHOUT

[labman]

Re: Bailiff Seizure of car. Debt is in dispute.

Hi Militant,

You may want to consider asking for this to be moved to the legal section where it may get more views? I'll dig out my notes on court documents later and give you my opinion!

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

many thanks labman

very much welcome

[ploddertom]

Re: Bailiff Seizure of car. Debt is in dispute.

There are a couple of issues I have with what has been said so far. By all means apply for Set Aside but the paperwork has to go to the Court where the original CCJ was awarded - in this case Northampton, it will then be referred to the OP's home Court.

The most important application however has to be that against the High Court Enforcement Officer as that is what Marstons are acting as. You need to apply for a Stay of Execution against the HCEO and the grounds you can use are:
i - you cannot afford the fees charged
ii - pending determination of a Set Aside application
iii - the HCEO is threatening to remove & sell (list goods seized)
Again this is applied for on Form N244. When completed it could be taken to your local Court as I believe Hull will act as a District Registry of the High Court. Taken in person on a morning and explaining the urgency of the application a spare Judge can be found who may hear your application immediately.

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

interesting

i have done three set aside applications myself and have allways put the n244 in my local court and then when the case comes up it is a district judge in my home town

northampton is a bulk centre also

rules may have changed as its been a few years since my last set aside so i appologise if what i have posted is inacurate but confirmation would be nice for future reference

so the best option is to take the n244 form to his local court, pay the £75 fee, the court will send it on to northampton to come back to his local court for a hearing. (strange)

i take it then a further fee of £75 will be made bringing a total of £150 for a second n244 for a stay on enforcement.

can it be all put on one application notice N244 (set aside as well) as enforcement for one fee of £75

[ploddertom]

Re: Bailiff Seizure of car. Debt is in dispute.

Any application about a CCJ should be sent to the Court where the CCJ was awarded - Set Aside, Variation etc. Cost of application is now £80.
Application for Set Aside & a Stay may certainly be put on 1 form and incurs 1 fee but in this case will take extra time to process. One must remember that the HCEO is enforcing under High Court rules which means that he does not have to halt any action undertaken in the County Court, this is why it is so important to apply for the Stay as this then halts all further enforcement & charges if granted, and as an urgent application may be done at any District Registry of the High Court.

[miliitant]

Re: Bailiff Seizure of car. Debt is in dispute.

many thanks

i realise baliff issue is your area of expertise and i value your comments