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I just need a few words of wisdom and advice as Business Law is not my Forte and which I do not know anything about so would be grateful of any help, advice, assistance or guidance in right direction please.
A friend of mine has just a few months taken over a small garage repair business where he and his Uncle both work. On the 6th August 2013 a HCEO arrived at his business premises to advise he was there to seize goods and items in respect of a High Court & County Court Judgement that had been issued to a Firm my mate had been using for vehicle parts namely Euro Parts from Tamworth.
That was the first time my friend had ever been made aware that such a Claim had been filed never mind that it had then gone on to be granted as he has to date never received or been served with any paperwork/documentation/Court Forms etc from neither the Claimant, their Solicitor or the Northampton County Court. The person that went to the business premises was apparently acting on behalf of an HCEO and whose name I was unable to find on the Bailiffs Register so I'm firstly unsure if bearing that in mind this was an Illegal and/or unlawful Act or whether it warrants the Notice of Seizure and Inventory Invalid.
The latter mentioned Notice then brings me onto my second question regarding the list of items and inventory the so called Bailiff listed on the Seizure Notice as all the items either belong to the Landlord who owns the Business Premises or are required by my mate to carry out his business as without those items not only could he not carry on working he would have to close his business down and he has only started it a few months ago. I have read the Seizure Notice and am somewhat confused to note that on the Notice it lists items that are exempt from being seized or removed yet those very items are then Listed as the items that they are seizing and removing surely that is a contradiction in itself and shows that this Bailiff does not know his ass from his elbow (excuse the pun) nor what they are actually doing.
My mate being the brain dead idiot that he is signed the Seizure Notice and has until the 14th August to come up with the money owed or the goods listed will apparently be removed the latter of which I cannot see how if they are listed even on the HCEO's own Seizure Notice. Any other items either belong to the Landlord or are Rented from a Company ie card payment machine.
Because the HCEO walked onto my mates rented business premises the customers who were there were privy to the entire conversation etc and either left immediately or questioned my mate and took their business elsewhere resulting in him losing out on business can he apply for compensation from the parties involved - Claimant, HCEO or Court due to their mistakes.
I know the Court are at fault in the fact that had my mate been served or received the Court documentation etc in the first instance he could have made it known that he did not agree with most of the amount the Claimant said he owed them and could have made representation at the Court Hearing Date in his defence he was not given any of the rights he is legally entitled to exercise.
I know that under these circumstances he can apply to the Court for the Judgement to be set aside or varied but based on the timescale I don't think he will be able to carry out this Court Application in fact I do know he needs to fill in both the N244 & N245 Court Forms but as the Bailiff is returning in a few days and fact he can not afford to take time off work or pay for the fuel it would cost him to hand both Forms into Northamptonshire County Court.
I also know he can write to the HCEO office and advise that the goods being seized are exempt, rented or belong to someone else but again time is against him any suggestions on what he should do. When I eventually found out about all this - on Saturday 10.08.13 - after calling & telling him how stupid he was I got him to telephone the Claimant and when he asked for copies of their Invoices and/or documentation showing the amount that they claim he owed they sent him an Invoice that did not show the money he had paid to date to them they came up with some cock and bull story that only a gullible fool like my mate would believe or fall for.
All well and good u may think but I have to tell u that to date not only has my mate being working on a cash on basis but he has not set up or hired someone to keep his accounts etc in order and up to date which will not help his Counter Claim although only thing in his favour is fact that he has witnesses, dates and some documentation showing that the total amount being claimed for is not correct and is substantially lower than claimed.
Based on this information which I'm sure I have left quite a bit out any suggestions as to what he should do apart from the kick up the ass and get himself organised unlucky for him now that I know what has been going on Im about to take control whether he likes it or not as it will benefit me in the long run lol.
If u need any more information etc please do not hesitate to ask me for it and I will do my best to give it to u (the information that is lol) or get it for u within an hour or so. Many thanks to those who will help me sort this out ur kindness will not be forgotten
A friend of mine has just a few months taken over a small garage repair business where he and his Uncle both work. On the 6th August 2013 a HCEO arrived at his business premises to advise he was there to seize goods and items in respect of a High Court & County Court Judgement that had been issued to a Firm my mate had been using for vehicle parts namely Euro Parts from Tamworth.
That was the first time my friend had ever been made aware that such a Claim had been filed never mind that it had then gone on to be granted as he has to date never received or been served with any paperwork/documentation/Court Forms etc from neither the Claimant, their Solicitor or the Northampton County Court. The person that went to the business premises was apparently acting on behalf of an HCEO and whose name I was unable to find on the Bailiffs Register so I'm firstly unsure if bearing that in mind this was an Illegal and/or unlawful Act or whether it warrants the Notice of Seizure and Inventory Invalid.
The latter mentioned Notice then brings me onto my second question regarding the list of items and inventory the so called Bailiff listed on the Seizure Notice as all the items either belong to the Landlord who owns the Business Premises or are required by my mate to carry out his business as without those items not only could he not carry on working he would have to close his business down and he has only started it a few months ago. I have read the Seizure Notice and am somewhat confused to note that on the Notice it lists items that are exempt from being seized or removed yet those very items are then Listed as the items that they are seizing and removing surely that is a contradiction in itself and shows that this Bailiff does not know his ass from his elbow (excuse the pun) nor what they are actually doing.
My mate being the brain dead idiot that he is signed the Seizure Notice and has until the 14th August to come up with the money owed or the goods listed will apparently be removed the latter of which I cannot see how if they are listed even on the HCEO's own Seizure Notice. Any other items either belong to the Landlord or are Rented from a Company ie card payment machine.
Because the HCEO walked onto my mates rented business premises the customers who were there were privy to the entire conversation etc and either left immediately or questioned my mate and took their business elsewhere resulting in him losing out on business can he apply for compensation from the parties involved - Claimant, HCEO or Court due to their mistakes.
I know the Court are at fault in the fact that had my mate been served or received the Court documentation etc in the first instance he could have made it known that he did not agree with most of the amount the Claimant said he owed them and could have made representation at the Court Hearing Date in his defence he was not given any of the rights he is legally entitled to exercise.
I know that under these circumstances he can apply to the Court for the Judgement to be set aside or varied but based on the timescale I don't think he will be able to carry out this Court Application in fact I do know he needs to fill in both the N244 & N245 Court Forms but as the Bailiff is returning in a few days and fact he can not afford to take time off work or pay for the fuel it would cost him to hand both Forms into Northamptonshire County Court.
I also know he can write to the HCEO office and advise that the goods being seized are exempt, rented or belong to someone else but again time is against him any suggestions on what he should do. When I eventually found out about all this - on Saturday 10.08.13 - after calling & telling him how stupid he was I got him to telephone the Claimant and when he asked for copies of their Invoices and/or documentation showing the amount that they claim he owed they sent him an Invoice that did not show the money he had paid to date to them they came up with some cock and bull story that only a gullible fool like my mate would believe or fall for.
All well and good u may think but I have to tell u that to date not only has my mate being working on a cash on basis but he has not set up or hired someone to keep his accounts etc in order and up to date which will not help his Counter Claim although only thing in his favour is fact that he has witnesses, dates and some documentation showing that the total amount being claimed for is not correct and is substantially lower than claimed.
Based on this information which I'm sure I have left quite a bit out any suggestions as to what he should do apart from the kick up the ass and get himself organised unlucky for him now that I know what has been going on Im about to take control whether he likes it or not as it will benefit me in the long run lol.
If u need any more information etc please do not hesitate to ask me for it and I will do my best to give it to u (the information that is lol) or get it for u within an hour or so. Many thanks to those who will help me sort this out ur kindness will not be forgotten
Originally Posted by IRISHAMA 
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