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

[IRISHAMA]

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

No thank u for ur help, support and kindness all of which has really helped me out specially as I am world's worst worrier and have panic attacks if or when I think I have done something wrong and all I can c is the bad side of things if things go belly up I never think positively cos I don't have that kind of luck without u and Ploddertom I don't know what I would have done u really a genuine kind thoughtful person and Im very grateful and appreciate all the help and support uv given to me meant a lot specially during this past few days

[IRISHAMA]

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

[QUOTE=MissFM;366238]Contrary to appearances, Irishama, CC is frighteningly intelligent (learned even) and is being helpful. Check out his avatar for Irishness [/QUOTE

I have never said he was not nor would I ever suggest they are anything but their outburst regardless of whether it was first time or done in heat of moment they made me feel like shit and that's putting it politely

[ploddertom]

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

Nah - do it in white instead!

[CleverClogs]

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

Nah - do it in white instead!

Like this? :rofl:

[IRISHAMA]

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

Think that was uncalled for Ploddertom bearing in mind the circumstances of why I asked for help in the first instance. I thought the reason this site was set up was to help people not make a laughing stock out of them and make them feel way certain individuals have made me feel.

Thank u anyway for the help u provided thought u were bigger person than what ur last comment has portrayed u to be

[ploddertom]

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

Think that was uncalled for Ploddertom bearing in mind the circumstances of why I asked for help in the first instance. I thought the reason this site was set up was to help people not make a laughing stock out of them and make them feel way certain individuals have made me feel.

Thank u anyway for the help u provided thought u were bigger person than what ur last comment has portrayed u to be

Sometimes with these you have to have a tongue in cheek moment which was what this was.

[IRISHAMA]

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

Sometimes with these you have to have a tongue in cheek moment which was what this was.

I understand that completely as I am one of the worst at that kind of thing however when someone's livelihood, future and hopes are pinned on u its a different matter and one I really could do without but I'm in way over my head now and cant let him down now its just I am absolutely bricking that I muck up and all of the above happen hence why I asked so many questions and wanted to make sure that I filled in N244 right as if not then bailiffs will lift everything on Tuesday and without his stuff he cant work either for himself or someone else

I appreciate everyone's help and patience with me I am just not very confident at this and if I got no faith in myself how am I going to be of much use to him or this matter

I understand Im asking for Stay of Execution on the 6 grounds Ploddertom advised just don't know how to elaborate on them as per question 10.

Also mate is going to bring his Application to Court on Monday morning in person don't know whether he should go to Birmingham or Northampton to where it all began

[CleverClogs]

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

Birmingham.

The Bulk Processing Centre in Northampton is rather less of an actual Court and more a factory producing misery.

[bizzybob]

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

Birmingham.

The Bulk Processing Centre in Northampton is rather less of an actual Court and more a factory producing misery.

It is a Kangaroo Court in effect as it is a bulk clearing centre that avoids due process, it just churns out penalties and warrants for bailiffs

[IRISHAMA]

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

Thank u for letting me know looks like first thing tomorrow morning we r heading to Brum


Im sorry to have to ask this but I am bit worried about what I have put in as elaboration of Question 3 in Question 10 of the N244 and was wondering if someone would not mind looking over it for me just to check its okay and is what the Courts will be looking for being inserted in that section or whether its complete bull or completely as much use as tits to r to a bull (excuse the pun)

Again I am so sorry for asking and doing ur heads in even more but I don't want to get to Court and them look at it and throw it out cos its complete dung and not relevant etc to the Stay of Execution Application I am applying for

As suggested by Ploddertom for Question 3 I said I was making a Stay of Execution Application based on the following:

1 - I had no knowledge of any of this until the HCEO turned up
2 - It appears the wrong person or entity has been named
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) Application - not sure whether to put this one in or delete it any
suggestions
6 - I cannot afford the fees demanded, the HCEO has not provided me with a breakdown of his figures


Then for Question 10 I added the following but I put them on a separate sheet of A4 paper and not in the box provided for Question 10


STATEMENT OF TRUTH RELATING TO CASE NO.: 3XQ

(1) It wasn’t until the HCEO turned up at my workplace on the 06.08.13 that I was made aware of this matter as up to that date I had never received any information or was
served with or sent any Claimant or Court documentation whatsoever relating to the Claim or Court Proceedings in respect of the same.

Even up to and including the date the Statement of Truth was signed by me namely the 16.08.2013, the only Documentation I have in my possession relating to this matter
was the Notice of Seizure and Inventory Form the HCEO provided me with on the 06.08.2013 after he had listed on the said Notice the items he intended to take upon his
return to clear the amount the Claimant has alleged I owe.

If I had known about this matter or had received or had been served with the relevant paperwork I would have been able to file the papers required by the Court which in this
case would have been Form N9A and N9B as I believe I do owe the Claimant's Company monies in the region of no more than £500 but not the amount the Claimant has
alleged I owe

The Claimant has never made me aware of any Court Proceedings or that the amount they alleged I owed was outstanding in fact regardless of my continued and numerous requests to the Claimant's Company to provide me with a total breakdown of my Customer Account to be set out an all their Invoice Statements I was now asking for these being from the initial setting up of my Account to the present day I rang

These requested Invoice Statements were to include all payments made by me as well as showing the dates any monies was credit to my account relating to the many parts that I had returned unused or incorrectly sent by the Claimant.

To date none of my requests have been carried out by the Claimant’s Company and they continue to send me out Statements with payments omitted or partly erased so that all that is showing is the alleged amount owed by me

However according to the last Customer Invoice Statement I received from the Claimant it states that the amount payable to clear the debt owed to them and which is to be paid by the 12.08.13 is £0.00

(2) I rang Northampton County Court Bulk Centre who granted the Judgement Order on the 24.07.2103 and spoke to Hilda whom I advised that until I did not know nor had ever been served with or received any Court or Claimant's paperwork relating to this Claim as if I had I would have filled in the relevant and required sections and returned it to them by way of my defence but due to not knowing or receiving this paperwork I was unable to do so therefore prohibiting me from making representation of my defence to the Claimant's Allegation as by Law I was entitled to do.

As a result of the above I now had to try and make an Application for a Stay of Execution which I was unable to do as it required certain information relating to providing the name or names of the person who had issued to Writ in the first instance and the only paperwork I had in my possession relating to this matter when the HCEO officer turned up at my work place and advised me that a Court Order had been enforced which until then I was not aware existed as well as hand me a Notice of Seizure and Inventory Form after inserting by hand a list of goods that he would be taking if I did not pay the amount owed or the Stay of Execution I was making an application for was not presented to or awarded by the Court when he returned on the 20.08.13.

I re-iterated again to Hilda the fact that as I was never aware of this Court Claim or Order nor did I ever received any paperwork including the Writ of Execution I could not answer some of the Questions on the Form one of those questions being the name of the person who had issued the Writ in the first instance therefore as I did not know or have this information I asked if she could provide me with their name

After checking the paperwork relating to this matter that was in her possession she advised me that the name of the person who initially issued the Writ had been omitted from any documentation relating to this Claim she advised that she assumed it was either the Claimant or their Solicitors but could not confirm that this information was correct.

She also advised me that the Court paperwork had been sent to the business address that I was trading under. I advised her that I had only just within the last 6 months taken over renting the premises and did not own the same nor the business name associated with the premises she advised me that the Claimant had advised the Court that I was trading as a Limited Company under the garage’s name and premises.

I told her that this information provided by the Claimant with incorrect information as I did not own the business nor the associated garage name listed as being under. I was able to confirm to Hilda that there have been at least 7 previous tenants before me who had also rented these premises before me and I knew that at least one of them also had a Customer Account with the Claimant's Company and that he had been using the same up until and as far as I was aware even after I had taken over renting the premises from him.

I believe that the Claimant may have in error added his Account Balance to mine which is how the Claimant came up with the amount it is alleged I owe

(3) The Goods and Items listed by the HCEO on the Notice of Seizure and Inventory Form which he is threatening to remove from the premises rented by me on Tuesday 20^th August 2013 are essential and required by me for all my work needs and without the same I would not be able to continue working either self-employed or employed in a workplace and would therefore be unable to continue to survive on my basic living needs without these items

(4) Any other Goods and/or Items listed on the above mentioned Seizure Notice threatening to be removed by the HCEO on the 20.08.2013 are the belongings of certain other third party members and do not belong to me. Again without these Items or Goods those third parties would not be able to continue working or surviving without these Items or goods as they are their work tools or items that they, like myself, require to try and survive within their basic living needs

(5) Unsure if Ploddertom meant to erase this point altogether or the part not needed although if the latter could u tell me which part is not needed and how to elaborate on it in more detail

(6) As I have only recently taking over the renting of these premises I have not been able to build up enough custom or money to be able to afford to pay the HCEO fees he demanded nor has he provided me with either an explanation nor a complete breakdown of how their charges and fees were reached

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

STATEMENT OF TRUTH

(I believe) (The Applicant believes) that the facts stated in this section (and any continuation sheets) are true:
Signed -------------------------------------------------------- Dated ---------------------------------------------------------
Applicant’s Solicitor’s / Litigation Friend

FULL NAME ------------------------------------------------------------------------------------------------------------------

NAME OF APPLICANT’S SOLICITOR’S FIRM --------------------------------------------------------------------------

POSITION OR OFFICE HELD ----------------------------------------------------------------------------------------------

(if signing on behalf of Firm or Company---------------------------------------------------------------------------

Is the above ok or complete and utter bull poo and if latter what would u suggest I write in for Question 10 Ive been doing this since 5am this morning and am about to smash this fecking computer at the wall my brains gone awol and Im going to hide somewhere meself and hope to god this will be ok to present to the Court and hopefully get the Stay of Execution regarding this Case awarded

Again sorry to b right pain in the ass but I promise this will if the above is ok be last time Ill torture u for a while

Many thanks