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

I am no expert but I would contact court see what they say no doubt some advice will come on here later but may be to late for today

[IRISHAMA]

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

The HCEO that court authorised to deal with this namely Gordon P Dean has in turned himself authorised some bloke who is not on Bailiff register or can I find his name anywhere on HCEO company website not sure where he found him but he give him his authority to deal with this for and on his behalf can he do that I would have thought if the Court authorised him initially to carry out the Order etc then the Court would be only ones who then authorised someone else to act if HCEO was not able to cos don't understand why he has got someone else to do the work he was ordered by Court (I know he was not ordered but hope u no what I mean) to carry out this matter for them

[wales01man]

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

Put Gordon p dean into a google search?

[IRISHAMA]

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

I already guessed that there was no way I could have got this sorted in so short a timescale my only concern is if the HCEO lackey arrives tomorrow and I still am trying to sort this matter out can he be stopped removing any of the items until I get a Court decision one way or the other. Also I am still unable to get my head around what I was told on here earlier and that is that the no tools, equipment etc is exempt due to being business premises at end of day if they do remove these items it puts my mate in what I consider a worse off position than just those taken from a private household as they are essential for his business and work plus he like private household member will be unemployed will have to sack his employee who will then also be unemployed and both will have no financial means of support for every day basic living

[IRISHAMA]

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

I checked him from Take Formal Notice letter he got bloke to serve on Philip though a lot of information was either left off or inserted by hand

[wales01man]

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

If its the law that's it but there maybe a way forward don't know what it is someone on here may unfortunately their not online have you contacted the court time is running out for today

[IRISHAMA]

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

As I said Gordon P Dean appears but the Mr Farley he in turned authorised to do what the Court had initially authorised him to do is nowhere to be found on their website or Bailiff Register can he do that

[IRISHAMA]

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

No I haven't as yet contacted the Court cos I wanted to find out if or what my mates options were plus more or less to be told by someone who knew what they were talking about to advise me what to say when I did phone them

[wales01man]

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

http://www.hceoa.org.uk/faq/have-you...t-officer.html take a look at this concerning tools and equipment might help

[IRISHAMA]

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

Here is what happened earlier when my mate rang the Northampton County Court Admin Office regarding the Judgement Order that they granted well he tried to lasted few seconds then fone handed to me for me to try and deal with matter as poor wee pet is in a state over HCEO coming tomorrow he cant sit still, talk to anyone, concentrate nothing. People who unfairly and unjustly cause this much distress and worry on others by lying to the Courts need shot upon saying that Im totally disgusted with the County Court specially the Northamptonshire one long gone r the days when the Court was there to help and protect the innocent parties now all they care about is how much they can get out of u for doing as little work or help as little they have to totally disgusted at way Legal Service Systems have become

Any way with that rant out of the way I explained the situation where I was more or less told that I was lying about mate not receiving any Notices, Applications, Forms, Paperwork etc from the Court as they carried out the correct procedures required from start to finish of this matter and he did receive all their paperwork etc because she said so.

I have to chase Royal Mail to find out why he did not receive this paperwork and also the Claimant regarding this matter as the Court were blameless and did nothing wrong.

Said onus was not on my mate to prove he received the documents etc cos it would have been in his best interest to complete and return them to their Court if he had received any to begin with because he denies owing the Claimant any where near that amount of money and if he did owe any it was round £200 - £300 maximum.

Also advised her that HCEO arriving tomorrow to take possession of the items he had listed tried to explain without tools etc hardship etc to not only mate but his employee and by taking the items from his workplace the business would fail and he would be unemployed and/or unable to work without his tools should he be lucky to find a job elsewhere.

Again more or less told his own fault and I asked how she dreamt up that one as due to Court not carrying out these Court proceedings correctly by not giving him opportunity of what he is legally entitled to do and that is submit his defence plus if he did not know nor was mot told about this Case until 2 weeks after it had been awarded the judgement Order how could she deem it his fault. No answer provided for that one

I then asked if the HCEO had the right to seize mates tools etc as they are cited in exempt section on the HCEO Seizure Order she said the HCEO could take them as my mate was trading as a limited Company. I advised her that he most certainly was not as he had only taken over the business in last few months plus as he was only renting the premises and all that was in it he did not own nor could trade as what she claimed

After a grump and mumble Court clerk said I needed to complete N244 and email it back to them with £80 Court Fee I asked firstly why had he to pay for something that was at the end of the day the Court and Claimants fault and surely he should not have to pay any such costs for their mistakes. Again no answer and that's where it ended

Im looking at N244 and feel like Im going to vomit cos what if I fill it in wrong say something I should not and wind Court and Judges by doing that and my biggest panic is I hinder my friend instead of help him, What should I give as reason for my Application - Do I put cos of not receiving or knowing about Court proceedings due to both Claimanat and Court not carrying out the correct protocol procedures. It would have been in my mates best interests if he could was able to make or send his defence statement regarding the Claimants allegations. Or would you put something else that aint going to piss them off

Also the Form is asking if I am enclosing draft order what in gods name does one of those look like and how are they worded and do I have to enclose or draw one up to send with this Application.

It also asks what evidence Im including and provides choice of 3 - Information set out in box below, witness statement or Statement of Disclosure I think it said what in gods name is the latter and what should I put in the box as main reason Im asking for Application to have Court Order stayed is cos not true what claimant has said he owed plus being a trading and limited company nor did Court let him have his legal right to defend himself against this Claaim

There are other parts of the N244 that I do not have a clue what to insert and Im worried sick incase I fill it in wrong or wat I put in only makes matters worse and judge upholds Order although it would only be upheld cos I annoyed Court & Judge by slating them for their part in it all

Every time I try to insert stuff I freeze and have to go out and try and calm down.

Another thing Id be obliged if anyone knew the answer to his if and or when I get nerve or know what to insert in N244 and email it back to the Court which at that stage wont have Court Charges included can I use the fact that its with the Court as leverage to stop HCEO taking the goods on Seizure Notice he has listed.

My friend is trying to contact Landlord to get him to write letter to Court or HCEO that anything in the garage listed from the Ramp attached in the floor of the garage, computer, printer, swivel chairs, desks I think only thing that he doesn't actually own is a few of the tools that either belong to Philip or other employee working with him.

Finally as Court believe he owns the business as he was stated by the Claimant as being a limited company and trading under the garage name but that name has been with that garage for round 13 years its had that many people in and out who worked or rented it from Landlord its a wonder still being used what is best thing to do to show he is a sole trader if you could even call him that and that he most definitely is not a limited company nor is the business name that he apparent trades under or as is not his

Ill be eternally grateful if someone can help me or better still fill in the N244 on my behalf based on the info provided by me thorough out this Thread or if they need any more info please just ask me you don't know how happy and grateful I would be cos if for some reason the order made gets nowhere least wont feel as bad knowing that I was the reason it flopped by that I don't mean that if or whoever is brave enough to complete or just email me what to insert in the different sections of l the N244 its there fault cos I don't mean that what I mean is if I try and do it without help then if it gets refused it will devastate me and regardless of the fact it was my fault I know that's how I will feel hate having mates livelihood and life in my hands if u no what I mean

[CleverClogs]

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

I'll deal with two postings in due course, but this is a simple matter.

Is the alleged debt owed by Philip as an individual or owed by the garage as a limited company?

Are the goods listed the property of Philip himself or of the garage as a limited company?

If the debt is owed by a limited company, then goods belonging to Philip himself should not be taken.

[IRISHAMA]

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

I'll deal with two postings in due course, but this is a simple matter.

Is the alleged debt owed by Philip as an individual or owed by the garage as a limited company?

According to the Court the Company informed the Court that he owns this garage business which they said was a limited Company and said he traded under and states the garage name. The premises owned by the landlord has had that name for many years and as far as I know Philip iis deemed as being a sole trader although I don't have clue what that is or difference between being a sole trader, a business whether limited, co operative or otherwise. Euro Car Parts Invoice him as His name then name garage and give its address however 3 months ago there was someone else renting and running the garage and Euro Parts provided goods to them also as far as I am aware Euro parts have for many years been dealing with all the renters who take over or run the garage that's about all I can tell u sorry if its wrong or useless info

Are the goods listed the property of Philip himself or of the garage as a limited company?

Some of goods listed on Seizure Notice belong to Philip including a sold car also listed, ramp that is fixed to the concrete floor, parts, tools etc most of which were at the garage when he took over lease although I don't know who owns them be it previous tenant owner of building or other tenants before one before Philip The Seizure Notice names Philip but then says Trading As but the garage name or business is not his and has like I said been around for years

If the debt is owed by a limited company, then goods belonging to Philip himself should not be taken.

Sorry for being blonde and by asking this but if debt is owed by limited company and no company exists under the garage name I think landlord just rents it out to anyone who asks when or if the previous tenants either does a bunk or ups and leaves cos they aren't getting enough business. If as u say the debt is owed as a limited company then who has to pay the bill if phiilip does not own the business nor is known as trading as one

One last thing the previous tenant before my mate worked for about a month with Philip and we know for a fact that there were still transactions being ordered and supplied to this person by Euro Car Parts but were being billed to Philips New Account. Witnesses are willing to give evidence that on the day mate took over rent of premises he rang Euro Parts and provided them with 4 names and advised that any goods ordered or delivered could only be done so by this 4 people and only those 4 could sign for them any signatures other than those 4 were nothing to do with him and were not sanctioned or agreed by him and were not to be added or billed to him account

[wales01man]

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

If your man is not a Ltd company or has nothing to do with one he cannot be liable if the court order is in the name of said Ltd company

[IRISHAMA]

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

Exactly what does that me in simple terms lol Ive just sent u a message cos didn't c u on earlier when my brain clicked and put 2 & 2 together now sometimes my 2 + 2 come up a 5 hopefully got it right lol

[IRISHAMA]

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

He is named in person after which it states trading as then name of garage he rents when I spoke to County Court today bout this matter they advised me that the Claimant named him as being a limited Company

If correct and he isn't liable for the debt how or in gods name what do I do to stop it all before HCEO arrives in morning Court said fill in N244 but Im afraid to even attempt it incase I muck up and mates loses everything cos of my muck up panicking a bit as way over me head on this one I think been too long since did one like this many moons ago and things were a lot easier and simpler too many rules laws and stupid and lubricous amendments and new legislations protecting the wrong parties now me thinks