Bailiff Advice Please

[alham]

Re: Bailiff Advice Please

First, try Community Legal Services Direct on 0845 345 4 345. You will need to make an application (form N244) to set aside judgement (if it's not too late, ask CLSD), otherwise same form to vary judgement or suspend enforcement. Remember, you may be entitled to refund of application fees.

[alham]

Re: Bailiff Advice Please

BTW, application form N244 is available on http://hmctsformfinder.direct.gov.uk...eaflets_id=237

[alham]

Re: Bailiff Advice Please

You should be able to sort out the mess. Keep all documentation safe, in fact, make copies of all your correspondence. A few more questions

"1) You had a garage and a new drive built two years ago. During the build the water pipe has been damaged and still leaking? Not leaking now How comes
2) You requested that builder repairs the damage. Yes, before I was willing to pay (I never had any quotes either, even though they were requested on several accasions) Quotes for what
3) You offered to pay for the garage. Yes, I sent him a cheque for this work, which he returned (I still have the cheque in my file)
4) He refused your offer and demanded the full payment. Yes
5) He went to court and obtained a judgement against you Yes
6) You were unable to keep up with payments Yes, so I wrote to him, got no response, so completed relevant court fourms to reduce the payments to a more magable amount What did the court decide following your application?
7) He wants to appoint bailiffs Yes, as he is aware we part own a motorhome with someone else How does he know this?

Yes we tried to deffend it in court, but the judge told us, that it would be another case if the works were faulty, (which we simply can not afford to do at this moment in time, especially if he wins the case.) When was this case? The judge did not want to know about the faulty work, he was not on our side. Not true, he did not want to hear about it because the case 'was did you owe money to the builder?' You should have lodged a counterclaim when doing the defence to that case, than the judge would have listened to your arguments."



What else can I try?

I have tried calling the local CAB for 2 days and its been engadged constant!!

[tlc75]

Re: Bailiff Advice Please

1) You had a garage and a new drive built two years ago. During the build the water pipe has been damaged and still leaking? Not leaking now How comes 6 weeks after the builder was informed, he turnned off the water and replaced the broken pipe
2) You requested that builder repairs the damage. Yes, before I was willing to pay (I never had any quotes either, even though they were requested on several accasions) Quotes for what the laying of driveway
3) You offered to pay for the garage. Yes, I sent him a cheque for this work, which he returned (I still have the cheque in my file)
4) He refused your offer and demanded the full payment. Yes
5) He went to court and obtained a judgement against you Yes
6) You were unable to keep up with payments Yes, so I wrote to him, got no response, so completed relevant court fourms to reduce the payments to a more magable amount What did the court decide following your application? a court hearing, the builder would not accept my offer and enquired about bailiff action, so it was left at this, that he would apply for enforcement action
7) He wants to appoint bailiffs Yes, as he is aware we part own a motorhome with someone else How does he know this? He has seen it at our property when we were going away, and has also seen us out in it once. the judge did ask me if i owned this, I said yes, but it is part owned with someone else

Yes we tried to deffend it in court, but the judge told us, that it would be another case if the works were faulty, (which we simply can not afford to do at this moment in time, especially if he wins the case.) When was this case? This was back in September 2011The judge did not want to know about the faulty work, he was not on our side. Not true, he did not want to hear about it because the case 'was did you owe money to the builder?' You should have lodged a counterclaim when doing the defence to that case, than the judge would have listened to your arguments."

[alham]

Re: Bailiff Advice Please

Sorry for all questions but you will need to answer them in court anyway, I am sure. Did the builder lay the drive WITHOUT you instructing him? If YES, why didn't you stop him when he started work? Is your drive still sagging and unfit for purpose?

[tlc75]

Re: Bailiff Advice Please

We sold him the land where he built a house which was our garden. In the contract of sale of the land he was to lay the drive but we pay for it, at cost price. we never had any documentation on prices or quotes, despite asking for them. Due to the amount of water, the drive started to sag, and is still saging to date. I still use the drive, but the water damage is still having an effect inside our garage with damp and wet walls, unfit for its purpose. He was to finish the garage before the house build as instructed by us, however, the garage was the last thing to be completed.

[alham]

Re: Bailiff Advice Please

Did you have a solicitor drawing up a contract of the sale? Is it worth having a look at contract? It sounds like you may have a claim against the builder for "unfit for purpose". However, the important bit is to stop bailiffs first. Call CLSD, I found them very helpful in the past. Then get ready to lodge an application.

[tlc75]

Re: Bailiff Advice Please

Ok, have finally been in touch with CAB, who have said I do nothing until I hear the outcome of DETERMINATION, which is how the claimant has escalted it to. Then I should get back in touch with them, who can help me complete the N244. The people at CLSD could not offer me any advice at all, and told me to ring the court as to what action has been submitted by the claimant or contact CAB, so no help at all there! However on the up side, the very nice man at CAB put a smile on my face, saying that I really should not be worrying so much, as he sees it, I have made all available offers, and can do no more, its not as if I have refused to pay him at all (DESPITE THE DAMAGE HE HAS CAUSED) which will cost me more to put right than what I owe the claimant!! Surely the judge who reviews this can see my offers, and may decline the claimants request as offers have been made. He was also surprised that I have come this far alone without a solicitor.

[alham]

Re: Bailiff Advice Please

Sorry, a bit surprised about CLSD. Glad that CAB are on your case, with their help you should get this resolved. Good luck.

[tlc75]

Re: Bailiff Advice Please

Thank you to all who have posted, everything has been taken onboard, and now I have a larger insight as to what to expect and where to go from here. You have been very helpful. Thank you all very much

[tlc75]

Re: Bailiff Advice Please

To update. I recv'd from the court on Saturday morning, that my application to vary the judgement was dismissed, and that the judgement remains a forthwith judgement. However, to my horror this afternoon, I return home after walking to the shop, that a Warrant of Execution was put through my door, scribbled on the back my car details. Now, I was under the impression from various sources that I should have recv'd from the court an explanation of determination, and would be informed of which actiton would follow.

Now, what should I do? Do I telephone the baliff which to my surprise was a lady, and explain that I have offered payment, and that I need my car to take my children to and from school, one of which has walking difficulties, and that I have a vulnerable partner? I have nothing of value in my home, but Dont want to risk her catching me out, and I open the door to her. She is from Ipswich Court itself, not an independant baliff, I have not been able to get in touch with CAB as their office closed at 1.30 today, and not open again until Tuesday afternoon, but am now worried sick. Any help or advise before tomorrow would be much appreciated. And thank you for reading this.

[tlc75]

Re: Bailiff Advice Please

To add, Surely I should have recvd some sort of notice that a bailiff would be calling, giving me 7 days to clear the debt. I would also like to ask, Is it worth me calling the bailiff to come to a payment plan with her, or do county court bailiffs not entertain such offers? If she did come and take my car, which is not worth a fraction of the debt, what would happen next?

[bluebottle]

Re: Bailiff Advice Please

County Court bailiffs tend to be more human than certificated bailiffs. Whether certificated bailiffs are, in fact, human is something the jury is still out on.

You certainly need to seek advice from a legal professional at a Law Centre. They can provide free or very low-cost legal advice/assistance.

[ploddertom]

Re: Bailiff Advice Please

May I ask what you applied for in your Variation? Did you also apply to suspend the Warrant on the Form?

As for your car I note what you say about others in the family, do you claim a free Road Fund Licence at all? Does your partner get DLA?

[tlc75]

Re: Bailiff Advice Please

Im not sure what you mean about applied for variation? As for the warrant, it only came yesterday afternoon, I was told by CAB to wait until I recieved a determination from the court, which I have not had? I have 5 children, one who has walking problems and has to wear splints to help her walk properly. No one in my house dold gets DLA, he claimed employment and living allowance, as he was on income support, and incapacity benefit, but due to a vhange in the benefit system they moved him to emplyment and support allowance. Should I call the bailiff and explain my situation, and also tell her what has happened as for him not accepting my payments. I can not see anywhere on the warrant to suspend the warrant. Or is this on another form I need to complete?