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

CC I think we are all confused on this one who exactly is the debtor being chased seems the parts company are not telling and no court documents have been sent whats it all about?

[IRISHAMA]

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

He isn't but according to Hilda that's what it said on the Court Files and if I recall correctly she said that's what the Claimant had said Im probably confusing u sometimes I go into too much detail but cant teach old dog new tricks my boss was a stickler for detail and instilled it in me sorry if u want ask me questions and tell me exactly what u want to know and I wont elaborate that will prob help a lot sorry

[ploddertom]

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

The big difficulty we have here is that all is being relayed by a third party instead of the person named taking control - no offence inferred but it does make it harder. The information given to you by both Birmingham & Northampton is wrong, I have helped numerous people over the last 3 - 4 years with these. The original CCJ was granted by the bulk centre at Northampton and it is to them that any application for set aside or a variation order is made. The Writ is issued by the High Court and is for enforcement purposes only, to Stay the Writ you make application to the High Court or to any County Court that acts as a District Registry of the High Court - these are mostly the larger County Courts. A Stay if given prevents all further enforcement action & charges by the HCEO providing certain grounds are met, failure to follow this may lead to the HCEO being able to resume enforcement. Until a Stay is in place the HCEO will carry on enforcing this as he is commanded by the High Court which is a higher authority than applications made for set Aside or Variation in the County Court - in other words the writ takes precedence until it is satisfied or stayed.

If your friend claims only to owe £200/£300 instead of the monies ECP are claiming then he needs to speak to them as they can pull the Writ particularly if they are suing him as different entity. To let things slide by as he appears to be doing will result in considerable extra costs and inconvenience.

[IRISHAMA]

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

I knew they were talking through their arses excuse the pun despite the fact that I did explain to Birmingham Court with my mate, Defendant, sitting beside me, that I wanted to make an Application for a Stay of Execution they said something a long the lines of Court Case Number did not fall within their jurisdiction one other thing Birmingham told me and that was that there was no information or details of who served or issued the Writ I said HCE had employed a Mr Farley but he said that meant nothing to him and that I would have to ring Northampton and ask them for that information which I did but they said no information on that. It was then they said that on top of the Application for Stay of Execution I would also have to make an Application to stop the Writ which would cost an additional £80 as its separate matter - I questioned that but was more or less told I knew nothing and they knew what they were talking about

So now I'm kinda between the devil and the deep blue sea as I don't know whether to make an Stay of Execution Application or Case Set Aside one also when someone says to elaborate information inserted in question 3 what or how exactly do I attempt to do that specially if people on here are getting confused with information Im telling them last thing I want to happen is Court to throw this out or say not filled in right cos the HCEO after I spoke to him to explain what was happening and ask for bit longer time before he came to execute Notice was nice and said he could give me to next Tuesday at the latest to get this to the Court and for them to confirm they have received the Application,

Need to get this filled in tonight so can post by special signed for next day delivery tomo so Court gets Friday but at minute don't know what Application to apply for cos of Court Clerk saying Stay of Execution no good and had to apply for Stopping Enforcement of Writ as well - mate cant afford £160 just bout got price of one never mind 2 and am absolutely crapping myself that Ill fill it in wrong or add wrong information or too much or wrong info I swear to god for love, money or Jack Shit I am never doing this again my bangers (nerves) have exploded that many fecking times I am ready to sign myself into nearest mental institution available too old for all this dung

I know he was going to ring them this evening but to date don't know if he did or what they said until speak to him in morning if or when I get him to sign N244 so can post it

If any guardian angel out there would like to set out exactly what to put in for Question 10 I think it is so I can copy and paste it then go to me bed and have nervous breakdown I would be eternally grateful

[wales01man]

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

Don't have a breakdown stay positive from the info I have seen it appears they are chasing the wrong person only Phillip if thats him will know this I cant offer the right advice regards the court some others on here can,take time to read the advice state the truth and hopefully it will turn out right.Stop beating yourself up over this SLEEP WELL

[CleverClogs]

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

The immediate need is for the writ to be stayed.

Do you understand now?

[bizzybob]

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

This case if the OP's mate who is the subject of the enforcement, doesn't owe and is not personally named on the original judgment it may be similar to Huntress Foods in that the HCEO is enforcing against the current occupier for the previous companies debt, if so the stay is critical, and once the writ is stayed, the investigations and what other actions are required can be sorted.

Note to OP that neon green colour makes your text VERY HARD to read, could you use red or blue please

[ploddertom]

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

Part 3 of what I said gives grounds that the Writ may be Stayed on - if they are applicable - Part 10 is to expand on these points. No point posting anything to the Court as it may just lie in a pile for the next 10/14 days, these are all best done in person and if so mornings are preferable to afternoons.

[charitynjw]

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

The immediate need is for the writ to be stayed.

Do you understand now?

Could you speak up a bit, CC?; I'm a trifle deaf, you know!

[IRISHAMA]

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

Part 3 of what I said gives grounds that the Writ may be Stayed on - if they are applicable - Part 10 is to expand on these points. No point posting anything to the Court as it may just lie in a pile for the next 10/14 days, these are all best done in person and if so mornings are preferable to afternoons.

Thanks for all your help and advice which I will try and carry out best I can. HOWEVER before I print out the completed N244 Form could u tell me if the following info I have inserted is correct:-

Application being applied for is a STAY OF EXECUTION (as per one of your previous helpful posts) & is being applied for on the following grounds:-

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

Then in question 11 I more or less elaborate on points set out in Question 3. The only ones I am a bit unsure of is the first one and the last 2. Is the following information the kind that I should insert for the same.

1. Court advised when telephoned them on 12.08.13 that Claimant has listed Defendant as being a Limited Company and Trading as (insert garage name)
which is not the case as Defendant has only taken over the renting of the garage within the Last 6 months from the previous Tenant. He does not own
the garage business nor its name and is not aware who actually does not know who the rightful owner is of the business or business name he only rents
the premises. However he can confirm that the business and name have been there as long as he can recall in his lifetime and that various other people
have come and gone.

He knows that the Claimant has supplied parts to previous occupants prior to him taking over the rental of the property and believes the Claimant's
Accounts Department may have in error added monies owed from previous tenants to his Customer Account which might explain the amount the
Claimant's believe is owed to them. He requested his Customer Statements, Invoices and all other relevant paperwork relating to his Account but to date
all the Company have sent are Invoices showing the monies they claim is owed to them. The Invoices have omitted all entries that relate to monies paid
and/or parts returned and either offset or credited to his Customer Account

While he thinks he may owe the Claimant some money he believes it is less than £500 however according to the Claimant's last Customer Invoice dated the 10.08.13 shows that as of 11.04.13 the amount overdue for payment was £insert amount yet directly underneath it states amount due for payment on the 12.08.13 is £0.00

Don't know whether u say to delete number 5 or delete one of the Applications and if u mean delete one of the 2 advised to apply for applications I don't know how to elaborate the answer as don't av clue what expected to say

Point number 6 am I meant to say only taken over premises 6 months trying to find his feet not earning enough money to meet his basic living needs never mind pay for the Claimant's alleged debt and then go on to say HCEO did not breakdown is costs as he did leave my mate the Seizure Notice and on it he inserted judgement amount, latter + statutory fees, accrued interest, additional interest accrued at 51p daily for 6 days, walk in possession accres at 30p per day & additional allowance amount is that not deemed as a break down of his costs or do u mean he has to explain how each one is arrived at etc

And that's it AMEN I can rest in peace and leave u good people alone and let u brains stop aching and certain individuals from shouting even though they should take into account I have had different people telling me to apply for different orders then I have Court telling me that's not right and have to do this or apply for that Order I may be blonde but I don't believe certain people found it necessary to make me out in that way.

Most impressed with most of mentors specially Ploddertom and Welsh1man (think that correct name of latter but you will know who I mean I hope) who have neither made me feel stupid, lost their temper or patience with me and my very many posts and questions and were of great help and assistance to me and without I don't know what or where I could have got their sort of help from for nothing - If mate gets this sorted he has promised to give me some money so that I can in turn donate it to this very good site.

As for other member they need to either cease from giving advice or go on an anger management course as not impressed at all with last few messages but decided not to show them or myself up by returning the same back at them

Thank u so much Ploddertom and Welshman1

[IRISHAMA]

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

Sorry about the neon green but red or blue are 2 colours that are a definite no no from an Irish persons point of view that is I will just stick to plain black in future if that is ok with u

[CleverClogs]

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

As for other member they need to either cease from giving advice or go on an anger management course as not impressed at all with last few messages

Oh, aren't you?

Well, that's your problem.

You were faffing around with questions about how to get the judgement set aside when the immediate course of action is to get execution of the writ stayed. Once that has been done, then the matter of the judgement can be considered and, yes, the judgement would seem to be faulty in a number of respects.

I regret having posted intemperate language for what I believe was the first time ever; I do not regret having thus conveyed the exasperation your posts caused. You were told what to do and the urgency involved, yet you continued to procrastinate.

[IRISHAMA]

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

Oh, aren't you?

Well, that's your problem.

Only problem I have is caring about what happens to my mate u don't c me ranting and raving or making uncalled for and unnecessary comments that's got nothing to do with the matter concerned just highlighting exactly what uv shown urself to be and that's not the kind of person I would want any information from or any involvement whatsoever in any matters relating to me don't try to turn this around and attempt to put blame on me I am sorry for fact that I want to ensure I do this right by and to help my friend out the best way I can and I am sorry I have had to come and ask for help believe me its the last thing I need on top of things Ive got to deal with in my own life but hes a mate and Im not going to turn my back on him

You were faffing around with questions about how to get the judgement set aside when the immediate course of action is to get execution of the writ stayed. Once that has been done, then the matter of the judgement can be considered and, yes, the judgement would seem to be faulty in a number of respects.

If u c my actions etc as faffing well that's ur opinion and ur entitled to it but u r not entitled to highlight ur opinions for everyone to see if u must know Ive been asking and faffing around, as u put it, to make sure that every all Ive done will help and not hinder or let him down as I couldn't live with myself if I had done something wrong which was factor in him losing the opportunity he has got before he has even had a chance to try and make it work.

I have had a lot of different people telling me to do different things and apply for different orders or asking me to answer questions so they can help me all of which has confused me more that when ur not very confident about what u r doing in the first place but know that if u don't try and help he will end up with nothing left or no one to turn to and as his mate Im going to try and help in whatever way I have to regardless of how it makes me look or have likes o u put me down and make me out to be stupid. Some of us through no fault of their own - mine was a RTA resulting in 2 brain operations and deteriorating disability - that aren't as able bodied or able to do, remember or able to comprehend things as quickly or easily as the likes u believe everyone should be. So if u believe

Rather than make a show of others or embarrass them with ur pathetic and immature posts mayb next time u should stop and think about others or how ur outbursts may make them feel before opening ur gob would definitely do u some good and show ur not the kind of person u have just perceived urself to me to be

I regret having posted intemperate language for what I believe was the first time ever; I do not regret having thus conveyed the exasperation your posts caused. You were told what to do and the urgency involved, yet you continued to procrastinate.

As Ive tried to explain above why I did what I did sorry u felt my posts caused so much exasperation as u say they did not everyone is like u remember that some are here to help not make people feel stupid or a fool unlike u have me for which I thank u very much

[MissFM]

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

As Ive tried to explain above why I did what I did sorry u felt my posts caused so much exasperation as u say they did not everyone is like u remember that some are here to help not make people feel stupid or a fool unlike u have me for which I thank u very much

Contrary to appearances, Irishama, CC is frighteningly intelligent (learned even) and is being helpful. Check out his avatar for Irishness

[wales01man]

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

Thanks from me,all I want to see is the truth to come out no one should be wrongly accused or pursued for a debt or anything at all I think if I was trying to help someone in this situation my posts would be full of waffle and not make sense but we can read between the lines the facts are there and your trying to do a hard job good luck