PLEASE HELP - complicated case!

[ploddertom]

Re: PLEASE HELP - complicated case!

Not being funny but there's only 1 CAB in the country cappable of dealing with HCEO matters, the rest just dabble or haven't a clue.

Are you saying you get your stock on Credit Terms and if so is this 30 days or when you have sold it? Is any of your equipment leased?

The Court will be closed now but first thing in the morning (10am) contact Trowbridge Court and ask them if the CCJ against you was awarded "by Default", also what address was used for all documentation, also the date of Judgment. Ask if they can send you copies of everything.

I'll give you some more later this evening when I get home as it should be pretty simple to apply for a Stay of Execution which if granted will halt any further enforcement action or charges. I would also envisage you may be able to apply for Set Aside.

[CleverClogs]

Re: PLEASE HELP - complicated case!

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

How many dodgy dealers were involved?

Did you part-exchange the off-road bike with the same dealer from whom you had originally "bought" it?

How did you pay for the transactions?

[brab14]

Re: PLEASE HELP - complicated case!

Not being funny but there's only 1 CAB in the country cappable of dealing with HCEO matters, the rest just dabble or haven't a clue.

Are you saying you get your stock on Credit Terms and if so is this 30 days or when you have sold it? Is any of your equipment leased?

The Court will be closed now but first thing in the morning (10am) contact Trowbridge Court and ask them if the CCJ against you was awarded "by Default", also what address was used for all documentation, also the date of Judgment. Ask if they can send you copies of everything.

I'll give you some more later this evening when I get home as it should be pretty simple to apply for a Stay of Execution which if granted will halt any further enforcement action or charges. I would also envisage you may be able to apply for Set Aside.

Thanks very much for the help, yes the stock is bought on 30day credit. We have been with the company for 12 years so its sometimes upto 60 days if needed

Ok i will call them tomorrow and ask the Q's

[brab14]

Re: PLEASE HELP - complicated case!

How many dodgy dealers were involved?

Did you part-exchange the off-road bike with the same dealer from whom you had originally "bought" it?

How did you pay for the transactions?

I bought the bike from a different dealer, the dealer it originally come from went bust so i could not go back to him!

They were paid with cash/PX of another bike

[EXC]

Re: PLEASE HELP - complicated case!

I bought the bike from a different dealer, the dealer it originally come from went bust so i could not go back to him!

Who was the dealer?

[brab14]

Re: PLEASE HELP - complicated case!

I dont think thats relevant, i just wanted some advise on what i can do in the mean time to stop them as im the one being taken for everything and ive done nothing wrong what so ever!

[ploddertom]

Re: PLEASE HELP - complicated case!

You can start the ball rolling by downloading Form N244 from HMCTS website. It is possible to fill this in online but you cannot save a copy. The Form may look a bit daunting but is reasonably simple enough to fill in, however there is certain information that you may need from the Court - CCJ number. Once you know what is on the CCJ means you can add to the Form to make it complete.

There is a fee to pay - approx £80 - but if you are on a low wage or certain Benefits you may be able to claim exemption. See Forms EX160a &160c for details.

The application for a Stay of Execution must be made to the High Court in London or a County Court that acts as District Registry of the High Court. You mentioned the CCJ was made at Trowbridge - the Court is actually in Chippenham and I assume this is also the area of the country you live in. The nearest Courts that can deal with this application are at Bath, Bristol or Swindon and the application is best made in person - preferably in a morning.

Reason for going personally & early is that an urgent application may be made and a Judge can hear the application immediately.