• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PLEASE HELP - complicated case!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PLEASE HELP - complicated case!

    Hi guys i came across this forum browsing google for answers! Hope you can help.

    I know this is fairly long winded but i feel i need to get all points across accurately i purchased an offroad bike from a dealer in 2009 i then part exchanged this bike a few months later as i just didnt get on with it. Anyway all was fine for a couple of months and the dealer i part ex'd the bike with called me to say it was a stolen bike and he had spent a few days in a cell and the whole place searched etc

    I found that bit hard to believe but he wanted paying for the bike or the one i had from him back.

    Several things made it hard for me to believe it was stolen etc but in the end after police being involved dispite my efforts to prove it was not stolen they gathered enough evidence to sway me to believe it was, we went to court and it was agreed it was a stolen bike, i was not ordered to pay him by the court, the judge said to us we can settle the debt between us, which i had put something in place with him outside the court but nothing official. I returned home and had a message from him calling me all the names under the sun, a liar etc because he had found out my father had his own buisness also. We tried to explain its me with the debt and i would hold my agreement but we just got threatened and abuse so we didnt bother contacting him again.

    From this day on i had a couple of letters from debt agencies but ignored these and nothing came of it. Then recently about 2 weeks before Xmas 2013 i came to work and had a letter stuffed in my door which was a notice of seizure form 55

    I have never recieved a letter stating i owe anything so can they just jump in with these?

    It had written they had seized my fathers van which has some advertisement for my buisness on it and is used for work, which my father proved it was his so that was that worry gone, i then spoke to the HCEO that issued the form 55 and they wanted me to propose how i will pay my debt so i explained the situation and said i dont think its fair i am being taken for the whole value of the bike when both of use bought it in good faith so i offered them half of the bikes value only (borrowing from family) or a monthly payment but both were declined and i got a mail saying i needed to revise my offer or further action will be taken.

    At this point i decided to go bankrupt as i can prove i dont have the income needed to pay the debt, im not even on minimum wage but i get help form my father for general living etc, i do not claim any benefits. Im self employed but only as 5% partner. My buisness is a retail shop. I have all the forms to do so but need to go to CAB to get help filling them out

    I have looked into going bankrupt and i know the ins and outs, costs etc ideally it would be good not to proceed with it but thats what i will do if needed.

    My questions start here, i came in this morning to find another letter stuffed in the door frame from the HCEO which is another form 55 notice of seizure, this time the goods seized it says ' All goods of defendant on property to satisfy the debt'
    I am now stuck with what to do, i dont have the money to pay this debt. I have never seen a bailiff and they have never had entry to my buisness address, they do not know my home address and this is a personal debt not debt of the buisness. I have not signed anything either.

    Also on the last bit of the letter it has the walking possession agreement and this is dated 11-11-2010 so over 3 years ago? is this whole thing still valid?

    How can i stop them coming back or pestering me as i go bankrupt?

    The debt is for around £3500 but with fees etc and interest its now totalling about £6000 like i said ive only had 2 letters delivered and that is all, is this too unreasonable?

    Any help will be very much appreciated, my mind is all over the place at the moment, id just like start going in the right direction but dont want to go bankrupt if this whole thing is void as i read somewhere the judgement only lasts 1 year and this dates back too 2010

    Thanks in advance, sorry for the essay!
    Tags: None

  • #2
    Re: PLEASE HELP - complicated case!

    Whatstatus do you trade under? Are you aware of any CCJ being awarded against you? Which firm of HCEO's is it?

    Comment


    • #3
      Re: PLEASE HELP - complicated case!

      Its a partnership not a LTD company, im not aware of having one. The only thing ive ever been to court for was when they confirmed it to be a stolen bike and told us to settle it between us so i guess they are using this against me.

      The HCEO are called the sheriffs office

      I think i just need to get the bankrupsy underway ASAP but can i stop them coming back between now and when all the paperwork is done and i can tell them i have gone bankrupt?

      Comment


      • #4
        Re: PLEASE HELP - complicated case!

        If you have the Form 55 there should be something on it somewhere that says something similar to:
        "Transferred from XXXX County Court on 31 February 2051"

        Does the Form 55 have al list of charges on it such as:
        Costs of Execution
        Interest
        Judgment Debt

        If not on the Form 55 then are they on any other paperwork you have. Are the SO attending your home or business?

        Comment


        • #5
          Re: PLEASE HELP - complicated case!

          Don't think there is any need to declare yourself BR unless you have lots of other debts that are being pursued.

          Comment


          • #6
            Re: PLEASE HELP - complicated case!

            yes its got that on it in the walking possession agreement part, the date is 11-11-2010

            It does list all the charges

            What should i do from now on if i should not go bankrupt? i dont have any other debt what so ever and never have done.

            I dont want them coming here causing hassle etc as it could effect my buisness being in retail!
            They are coming to my buisness address as they do not have my home address

            This notice of seizure says "all goods of defendant on property as required to satisfy the debt" they have never set foot in my home or buisness so would they have the right to take anything when they return as they cannot see anything inside to seize they have just said they will take anything that is mine.

            Its also strange as ive not seen a bailiff either time even though ive been here, it has been out of hours but they didnt even knock the door or attempt to get in the door as i would have heard them

            Thanks for the help!
            Last edited by brab14; 5th February 2014, 16:49:PM.

            Comment


            • #7
              Re: PLEASE HELP - complicated case!

              Does it tell you which County Court it was transferred from?

              Comment


              • #8
                Re: PLEASE HELP - complicated case!

                Don't worry about the wording they are claiming for a levy as that is classed as a Global Levy which have been ruled as invalid.

                Comment


                • #9
                  Re: PLEASE HELP - complicated case!

                  You say you are in retail - does this mean your premises are open all the time & that anyone can just walk in?

                  Comment


                  • #10
                    Re: PLEASE HELP - complicated case!

                    Yes it says its sent from trowbridge

                    It is a retail shop yes so within trade hours anyone can walk in.

                    I was worried that they could just walk back in and take whatever they wanted as they have seized everything they think is mine, even though theres nothing here that they could take it would just be alot of hassle getting it back and obviously effect my buisness if they take stock

                    Comment


                    • #11
                      Re: PLEASE HELP - complicated case!

                      If your a partner in this business and its not LTD they may be entitled to seize stock? You may need to consult a Solicitor to check this pronto?

                      Comment


                      • #12
                        Re: PLEASE HELP - complicated case!

                        Can i stop them from pestering me while i go bankrupt and if im not going to go bankrupt what would i do? they wont accept any offers i give them and just come back saying unless i pay further action will be taken and will add extra costs. I have even supplied my finances and they just seem to ignore that even though its in black and white i have no money to give them!

                        Comment


                        • #13
                          Re: PLEASE HELP - complicated case!

                          Originally posted by wales01man View Post
                          If your a partner in this business and its not LTD they may be entitled to seize stock? You may need to consult a Solicitor to check this pronto?
                          From speaking with CAB they said they shouldnt be able to touch the buisness as it is personal debt and nothing to do with the buisness, also the fact im still only 5% partner, always have been, and the majority of stock is still technically owned by our supplier so could they still take stock?

                          Comment


                          • #14
                            Re: PLEASE HELP - complicated case!

                            Shouldn't? not a definitive answer more a guess the HCEO may consider you own half the stock best to get a Solicitors advice your looking at them trying to get 6k that's a lot of stock or assets

                            Comment


                            • #15
                              Re: PLEASE HELP - complicated case!

                              Ok i will look into that, but i want this too stop and my only option is going bankrupt

                              So can i stop them or delay them until i have the paperwork finished for going bankrupt? or is it just a case they will keep on at me until i can show them i am bankrupt?

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X