Landlord pursuing us.

[had enough]

Re: Landlord pursuing us.

trouble is we cant make an offer to pay as the creditor says we have to deal with the sheriff and the creditor wont accept any money. This sheriff made one visit to us and his fee is £2500 . So he gave us a form 55 . They want all these fees and i suppose its going up every minute

[had enough]

Re: Landlord pursuing us.

thanksxxxxxxx. im at work till 9. but be on then xxx

[had enough]

Re: Landlord pursuing us.

yes its them unfortunately

[ploddertom]

Re: Landlord pursuing us.

trouble is we cant make an offer to pay as the creditor says we have to deal with the sheriff and the creditor wont accept any money. This sheriff made one visit to us and his fee is £2500 . So he gave us a form 55 . They want all these fees and i suppose its going up every minute

The Sheriff can charge what he wants and his Form 55 may threaten all sorts - which it usually does - but at the end of the day he cannot get blood out of a stone. To progress he needs to levy on goods and to do this he needs to gain access to your home or seize goods of value outside. He must gain peaceful entry and the one way that happens is if he either walks in through an unlocked door or window or you invite him in. What I am saying is that for a residential property he has no automatic right of entry and may not force entry either - however if there are any detached buildings, garage etc then he may force entry to those if he believes they contain goods that may satisfy the debt.

As for goods outside then he may of course levy on those - most notable item is a car providing it is not on HP or Lease, if bought with a Loan then it could be siezed & removed for sale.

You must remember he may only seize the goods of the debtor - so if the debt is in your name he may not seize anything in your OH's name.

If you apply for a Variation Order and succeed in getting it then your Creditor has no option but to accept that payment regardless of what he says although you may have to pay it via the HCEO.

[ploddertom]

Re: Landlord pursuing us.

we applied because we didnt know it was still being pursued or the court date because we moved and hubby had heart attack and emergency stent with a 3 month recovery period so had other things distracting us. We did think hed dropped it though as he had acted illegally.Thank you. i think we did an n244,may have been wrong one but cost £80

Looking at what you have said above I am not surprised your Stay was turned down:
a - even though you say you didn't receieve the paperwork you have not intimated applying for Set Aside. Counterclaim, Variation
b - unfortunately health would have no bearing on this although I am surprised the HCEO did not take it into consideration. How long ago did your OH have his MI.

There is still nothing to stop you applying again for a Stay using different grounds but of course you have to pay the Court Fee again although if on certain Benefits or low wage you may be entitled to remission.

[had enough]

Re: Landlord pursuing us.

food for thought. we think he may try and get the car but he gave us a 55 through letter box but i dont think this is legal,i think its an abandoned levy but he may look for the car

[had enough]

Re: Landlord pursuing us.

the court office told us what to do,but seems they got it wrong

[had enough]

Re: Landlord pursuing us.

hubby had MI nearly a year ago but this wont help him but it was about 6 weeks before the case (which we didnt know about). He was recuperating at the time of the case, still off work

[Galahad]

Re: Landlord pursuing us.

Well for a start, get the car moved, don't have it near your address, you're giving him an easy time otherwise.

Im guessing the value of the car wouldn't satisfy your debt either, so its vital you keep it away from the house, if you think the guy knows what car it is you own, get shot of it and buy something else.

[had enough]

Re: Landlord pursuing us.

. Thanks Galahad

[had enough]

court order in our absence

HI a court made an order in our absence and we didnt know the court date. We tried for a stay but failed. We now wish to make payments but the sheriff wants ridiculous costs like £2500 for one trip. The creditor wont accept payments . This is a landlord who illegally evicted us and is due by the court £1300 from us. The main reason its due is that we failed to turn up. Seems like we have to pay this money but the court ordered £1300 but the sheriff says £400. I know he is after our car.People have been saying do a n244 or some said n245 and offer installments. Which is the route we should take?:tinysmile_cry_t:Thanks .
Hi,

[had enough]

Re: court order in our absence

Sheriff says £4000 not £400.

[Nibbler]

Re: court order in our absence

Sheriff? Do you mean Hight Court Enforcement Officers?

[wales01man]

Re: court order in our absence

There is a scale of fees for HCEO on the internet worth reading?

http://www.legalbeagles.info/forums/...s-%28HCEO-s%29

[had enough]

Re: court order in our absence

yes i do,,,,they make it impossible to pay because noone should be charged £2500 for one trip and all this when we were illegally evicted. It was an expensive mistake not giving the court our new address because we thought he wouldnt go through with this because he acted illegally. Whats the point of the court using people who make it impossible to pay and just wreck peoples lives. Libcon are using mafia against its own people.