Court Order awarded first knowledge of same when HCEO arrived at business with Form55

[wales01man]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

When bailiffs turned up at the pub I had they had documents in my name when told the pub was leased to a LTD company they backed off although I was a director of the company I personally was not liable the company is a separate legal entity if he is not a director of the LTD company tell them its not his debt he should also call the police and tell them someone is trying to steal his property

[ploddertom]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

I've had to be out all day and have not long been home & have an early start in the morning. In my post last night I suggested he apply for a Stay of Execution but assume nothing has been done about this. It is no good charging off at different tangents, you must stick with what is needed. You say you think your friend only owes £200 - £300 but to employ a HCEO the debt needs to be greater than £600. How much was the original CCJ for?

As said previously you will not find the attending Enforcement Officer on any Register as in this case it is not a requirement. The Authorised HCEO is allowed to employ anyone to act on his behalf. The company you are dealing with is HCE Group Ltd who are one of the larger enforcement companies in this field. The Writ "commands" the attending officer to seize and if necessary to remove any goods which may be able to be sold to satisfy the debt in full or in part. Unfortunately it is not for the officer to decide whether the business survives or not, he just goes by the rules.

You can apply for a Stay of Execution at a County Court which also acts as a District Registry of the High Court and for your area these would include:
Birmingham - 0121 681 4441
Dudley
Coventry
Walsall
Wolverhampton
If it were me I would choose Birmingham as it already has a High Court and that is the number I listed. The Stay is applied for on Form N244 - cost of application is £80. Ring them first as this is an urgent application (some times these can be done via phone allowing 24 hours for the paperwork to reach them) and you need to know if it can be heard immediately. Reading through your posts the grounds for the Stay could be:
1 - it appears the wrong person or entity has been named
2 - you had no knowledge of any of this until the HCEO turned up
3 - the HCEO is threatening to remove goods which are needed for the business
4 - the HCEO is threatening to remove goods which are the property of a 3rd party
5 - pending determination of a (Variation Order/Set Aside - delete that not needed) Application
6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of his figures

There is a guide to filling in the N244 in a following post.

It is no good rambling on about the rights or wrongs as to how this has come about, it has happened and must be dealt with. When you rang the Court did you ask what address everything was sent to?

[ploddertom]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

N244 Form:

Name of Court - where CCJ was awarded
Claim No - CCJ number
Warrant No -
Claimants Name - name of Claimant as entered on CCJ
Defendants Name - name of Defendant as entered on CCJ - yourself
Date - when you filled this in
Q1 - put your name in here
Q2 - tick relevant box
Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:
Use the grounds from previous post adding any others that may be relevant.
Q4 - tick no
Q5 - tick at a hearing
Q6 - leave blank
Q7 - leave blank unless relevant
Q8 - District Judge
Q9 - Claimant & Defendant & HCEO
Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date
Q11 - fill your details in

[ploddertom]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

Has he spoken to the Claimant to find out what this all about?

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

He has spoken to them but not about the Claim he got them to send him an Invoice which as previously advised did not add up, did not show monies paid to Company in respect of parts or owed to them from previous Statement, Confirmation of return or its price deducted from Invoice and looks like they deleted certain entries but left a bit of one of those entries Thanking Phil for something although what it does not say I believe it was one of many payments made by him that don't appear on any Invoices received.

Also on last page of Invoice at bottom is says Outstanding Balance - £2022.83 (not sure if that's exact amount but its something like that)

Then under that it says Payment Due on12 August 2013 (again somewhere around that date) - £0.00

Finally when I rang Court yesterday who issued the Court Order the Clerk kept going on bout they definitely sent all Court documentation to him at his business address I told her he only rents the garage (shed down little enclosed alley with 2 residential flats beside it going down same alley) and she said according to Claimant Philip was the owner and it was a limited Company - Not sure what that means or meant but I said he definitely did not own the Company nor the Name of the Garage nor do I know much about it all I knew was that Garage and its name have been there for as long as I have been 14 years and many tenants have also rented it in last 2 years there has been at least 5.

My mate took over renting it 4 - 5 months ago and before that another person he knew we do know that while previous tenant rented it he received Invoices from that Company under the same garage name and I have found out also that the Company have or did deal with tenants for some years now.

Don't know if that information is needed but thought Id add it just incase

The Court also said it needs £80 Court Cost fee which I think they got cheek asking for as it is partially their fault as they did not carry out the Court process system correctly in my opinion do I email them the N244 and then ring up to see how to pay or do I not send Form in cos HCEO due any time today and Court wont have done anything much to be able to stop them until all is checked

In crisis mode now don't know what correct action or course open to me to take when HCEO arrives to take goods

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

N244 Form:

Name of Court - where CCJ was awarded
Claim No - CCJ number
Warrant No -
Claimants Name - name of Claimant as entered on CCJ
Defendants Name - name of Defendant as entered on CCJ - yourself
Date - when you filled this in
Q1 - put your name in here - Why my name Im only trying to help sort this out I'm not involved or connected nor a Solicitor

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds: - Am I not applying to have it Set aside due to Court & Claimant not carrying out correct Court process and not providing mate with legal right to make representation of his defence against the allegation?

Use the grounds from previous post adding any others that may be relevant. - Cant remember what I wrote or in which thread Ive written them in could u remind me which thread or what I put please sorry to be pain

Q4 - tick no
Q5 - tick at a hearing
Q6 - leave blank
Q7 - leave blank unless relevant
Q8 - District Judge
Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date - What do u mean by expansion of Q3? Ive put so much I don't want to expand on anything that is not relevant or might bite my mate in the bum or start another Chapter in this mess When u say Statement of Truth u mean I just write those words in Capitals and Bold at top of plain piece of paper expand information in Q3 sign and Mate or do u mean by me?

Q11 - fill your details in

After done the above do I email it back to them but how do I pay for Court Fees even though I don't believe he should have to pay anything cos it was Claimant & Court who mucked up not my mate

Is that best and only way or option available reason I ask is HCEO due anytime today and Court wont have processed this or probably even read it before they arrive is there somethng that can be done or said to HCEO to stop him seizing the goods he listed. Someone on here said as Company or Name of Company Ltd or otherwise is not owned by my mate the HCEO cant carry out Court Order is that right?

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

I've had to be out all day and have not long been home & have an early start in the morning. In my post last night I suggested he apply for a Stay of Execution but assume nothing has been done about this. It is no good charging off at different tangents, you must stick with what is needed. You say you think your friend only owes £200 - £300 but to employ a HCEO the debt needs to be greater than £600. How much was the original CCJ for? -
As said previously you will not find the attending Enforcement Officer on any Register as in this case it is not a requirement. The Authorised HCEO is allowed to employ anyone to act on his behalf. The company you are dealing with is HCE Group Ltd who are one of the larger enforcement companies in this field. The Writ "commands" the attending officer to seize and if necessary to remove any goods which may be able to be sold to satisfy the debt in full or in part. Unfortunately it is not for the officer to decide whether the business survives or not, he just goes by the rules.

You can apply for a Stay of Execution at a County Court which also acts as a District Registry of the High Court and for your area these would include:
Birmingham - 0121 681 4441
Dudley
Coventry
Walsall
Wolverhampton
If it were me I would choose Birmingham as it already has a High Court and that is the number I listed. The Stay is applied for on Form N244 - cost of application is £80. Ring them first as this is an urgent application (some times these can be done via phone allowing 24 hours for the paperwork to reach them) and you need to know if it can be heard immediately. Reading through your posts the grounds for the Stay could be:
1 - it appears the wrong person or entity has been named
2 - you had no knowledge of any of this until the HCEO turned up
3 - the HCEO is threatening to remove goods which are needed for the business
4 - the HCEO is threatening to remove goods which are the property of a 3rd party
5 - pending determination of a (Variation Order/Set Aside - delete that not needed) Application
6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of his figures

There is a guide to filling in the N244 in a following post.

It is no good rambling on about the rights or wrongs as to how this has come about, it has happened and must be dealt with. When you rang the Court did you ask what address everything was sent to?

-

Excluding HCEO costs - £2318.69 Including HCEO costs -£3436.06 the figures quoted are from the Notice of Seizure and Inventory as to date the only Information my mate has on this Matter is Seizure Notice & TAKE FORMAL NOTICE LETTER FROM HCE WITH SOME OF INFORMATION ON BOTH DOCUMENTS HAVING BEEN HANDWRITTEN ONTO WHEN THE HCEO LACKEY FIRST CAME TO MATES WORKPLACE

Yes they said it was sent to the address he was Trading Under namely the Garage he rents

[wales01man]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

The HCEO like a bailiff or police offices can only deal with the person named after all if I commit a crime can my neighbour be convicted of it? I may be wrong but I expect without the form and the £80 they wont do much until the court orders different the HCEO will continue with the actions allowed after all as much as we despise them they are at present acting within the law

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

Update as at 2pm today and also to give credit where credit is due

I rang Birmingham Court only to be told that as it was issued in Northampton they could not get involved and that I would have to ring Northampton ask for N244, find out who issued the warrant and that was it.

After ringing above Court I rang HCEO and explained the position and after doing so he said he would give me until next Tuesday to get this done but if on Tuesday he had not heard or received the Court documentation confirming the information I provided he would call on that day and take the goods listed. I did not want to rock boat by saying oh u cant because blah blah blah and as he sounded nice and fact he seemed reasonable and amicable about this I left it at that. Thanked him and made next call.

Rang Northampton and asked them who issued the Warrant they advised that information was not down on their Records all information they had named the Claimant and their Solicitors.

I informed them I would be sending in N244 either Today r Tomo by Special Next Day Delivery and explained HCEO had given me til next Tuesday to get this Application started. They said that on to of the Application for Stay of Execution I also had to make an Application to half the HCEO writ which would cost an additional £80. Not being funny but r they taking the p. They don't do their job correctly and my mate who was unaware and completely oblivious to it all is expected to pay for their mistake and the Claimants lies.

My question regarding the above is there one single Application I can apply for that deals with every aspect and party involved in this matter and if so what is it called. If I made my Application for the matter to be set aside would that cover everything or is that a bad idea?

Think ur getting somewhere only to be kicked down with some other form of bureaucracy bullshit to add to the never ending pile of papers that seems to be increasing with every call or day

[CleverClogs]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

None of this schemozzle makes any sense whatever.

If the claimant had sued Philip as the debtor, why did the writ name the defendant as a limited company?

The application to get the judgement set aside might not be heard in time to stay execution of the writ - and staying execution is surely more pressing at the moment.

I would advise Philip to take an hour or two off work, scrub up nicely, take all his paperwork with him and see a lawyer, as he clearly needs expert help before it is too late.

[Galahad]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

I'd be checking dates on the invoice to make sure he's not being asked to pay a previous occupiers bill.

Euro Car Parts dont normally allow a bill to get that big, has he paid them anything at all in the few months his been there?

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

I'd be checking dates on the invoice to make sure he's not being asked to pay a previous occupiers bill - That's what I think has been happening and when he asked for copies of all documentation from Invoices, Statements, Returns, Ordering Stock etc they sent him a dodgy Invoice as advised in previous posts regarding this matter

Euro Car Parts dont normally allow a bill to get that big, has he paid them anything at all in the few months his been there?

- He has paid quite a bit over £1500 + cos I had quick look over his cheque stubs and Invoices relating to the payments hence why we know that firstly there is no way he owes them what they r claiming he does and like u said Euro parts wouldn't provide him with parts if he had owed anything near that amount. I have got him to ring them this afternoon and speak to them about why they took him to Court, again ask for all documentation previously requested and finally that it is his intention to get this matter sorted out correctly to clear his name and get compensated for all he has been put through, loss of business when HCEO turned up and various other upheavals oh yeah & my costs which if got will b split 65 - 35 with u bigger percentage will b donated to this website if can get it amended and correct outcome granted.

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

None of this schemozzle makes any sense whatever -

Tell me about it I'm not even 100% sure or confident that Northampton County Court know what they are doing either as I would have thought that they would have noticed some discrepancies in their information and Application regarding both the Claim and the Defendant

If the claimant had sued Philip as the debtor, why did the writ name the defendant as a limited company? -

The writ had mates name on it with T/A and the garage he is renting address. When I initially rang Northamptonshire about this matter and tried to explain about mate just starting out as not long taken over Lease and that Seizure Form listed some items that were questionable whether they could be seized or not that's when Clerk said to me well the paperwork filed by the Claimant lists P as being a Limited Company which I advised was not the case but she offered or was of little help to me when I said that I believed that the Court process and proceedings were not carried out correctly to begin with and my mate should not be penalised or put through all he is being put through because of Claimant and/or Courts errors - probably should not have said that but way she was going on about Court never wrong Court sent documents to mate blah blah blah me gob went before me brain had chance to even ignite.

The application to get the judgement set aside might not be heard in time to stay execution of the writ - and staying execution is surely more pressing at the moment. - I was applying for a Stay of Execution but when rang up to advise the same Clerk said I would also have to apply for an Application to stop the HCEO carrying warrant out. I thought Stay of Execution Application would have covered everything from carrying out enforcement, getting Case looked at again etc etc


If the Stay of Execution Application does not cover everything and everybody to do with this case until the Court have had chance to re-assess or look at Case again then what or is there a single Application that does? If so could someone please let me know what it is.

I would advise Philip to take an hour or two off work, scrub up nicely, take all his paperwork with him and see a lawyer, as he clearly needs expert help before it is too late.

-

Again its all down to Finances at minute like rest of us he can just about afford the basics of life to get by and even though I'm not as knowledgeable and up to date on HCEO legislations I do know that regardless of what or how the Court try to wriggle their way out of this they DID NOT deal with this matter either correctly or professionally as they should have I don't care what anyone says as based on all the conflicting information provided by the Claimant it should have had alarm bells going off and some checking done rather than grant judgement in the Claimant's favour. All they had to do was pick telephone up ring mate and ask him that way he would have not only been aware of what was happening but would have been able to make representation of his defence to the Claim and that would have been that

[IRISHAMA]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

As far as I am aware he never received such Writ all the paperwork etc he has that relates to this case is what the HCEO gave him and that was Covering Letter from HCE advising who they were and why the had come and upon completion the Notice of Seizure and Inventory Form that's all he has ever been provided with from start to finish which is why I say that should not be allowed to happen regardless of what Court say they did or did not do when asked to provide proof of postage or copy of recipient's signature upon receipt I was told the Court did not have to do that and more or less what they say, don't say, do or does is the end of the matter. In other words we r the LAW what we say goes so live with it. Well no I believe if they muck up why should they be allowed to cover it up as if they are untouchable which yes I know is exactly that

I said I was submitting a Stay of Execution Application and was told by Northampton County Court that I would also need to submit an Application to stop HCEO taking the goods listed which would cost another £80 Court Fee. I thought the Stay of Execution would have dealt with all areas and bodies involved in this matter and not be only applicable to one of the many different stages and persons involved

Plus only paperwork he has or has every received relating to this matter is Notice of Seizure & Inventory and Covering Letter from HCEO

[CleverClogs]

Re: Court Order awarded first knowledge of same when HCEO arrived at business with Fo

Jesus H Christ on a f*cking pogo stick!

This still does not make sense! He cannot be "trading as" a limited company!